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desertedhusband (na)     15 March 2012

Desertedhusband

Hi To All the experts,

I am married for last 7 years. I am an NRI (no foreign citizenship) We have a son of 5 years. 2 years back my wife went back to India by giving a false excuse of her mother's illness. And, she created such a situation that she wanted to go back ASAP. I booked her a return ticket immediately so that she can be with her mother. After few weeks she informed that she is not coming back. 

In past also she and her parents had gone to any extent to humiliate me. I never expected her to do something like this and stab me at my back. This was such a shock that I was totaly traumatized and went into months long depression. Its 2 years now. And, I want to move on as now I have realized that this is a nowhere going relationship and there is no use of ruining my life for a person like her. My only question is that is my case good enough to prove that my wife deserted me. I have some proofs, like return tickets, emails etc. and my child's school fees that I kept paying even after she went away, just in hope that she might come back and getting admission for child is not easy here.

If I file for divorce, what are the options for her to make my life miserable (because that is only what she and her parents have always wished for)? all they want is that their daughter should live with them and should stay married also. I think in 7 years of marriage she has lived 6 years with her parents.

Moreover, I have come to know that she happily sits in her father's shop. Is that enough to prove that she is earning. She even put our child in a school there without my knowledge. In the school admission form also she has mentioned that she is doing a job somewhere (though it is false info as she had resigned from that job when she conceived with our child). She has a PAN card. 

Is wrongfull retention of child without permission of other parent considered as child abduction? Can I get my child back.

Best Regards,

ABC



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 March 2012

Dear Querist,

The fact that she took the child without your consent to India, and has wrongfully retained the child there, is abduction as per the Hague Convention on Child Abductions - however sadly, India has not adopted the same by legislation. You can definately file a suit for divorce on the grounds of desertion - 2 years desertion would get you divorce. Though I would advise you to take certain safeguards - when getting a divorce decree from foreign court - if you want it to sustain in an Indian Court.

desertedhusband (na)     15 March 2012

Thank you Mr Bharat. 

Much appreciate your reply. What do you mean by divorce from foreign court? How is that possible? How can a foreign court give me a divorce? I am not married here. I am married in India.

I was thinking of taking divorce in India. Please throw some more light about your suggestion.

What kind of safegaurds are you talking about.? 

She did not take the child without my consent but retained him without my wish. She gave false excuse of her mother's illness and actually took me for granted. Had I known her plans, I could have stopped her from taking the child, i know that there is law in other coutries where a parent can not take the child to other country without mutual consent of other parent. But this divorce thing from a foreign country, please explain, Sir.

 

Thanks,

A querist

desertedhusband (na)     16 March 2012

Hi, 

Can any expert throw some light on how a peson can have a divorce from a foreign court? And how is that considered in India.

Mr. Bharat?

 

Thanks,

ABC


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