Fathers right

Dear enquirer,

1.  File RTI in passport department to find out how she has taken away the child without obtaining no objectin from natural father.  If you find any forgery on any such document,  file a criminal case in the concerned police station and pursue the matter.  If you face any hurdle there, you can file a case directly before the Metropolitan Magistrate.

2.  Once a criminal case is registered, you get the summons served on her.  If those are not effected, then you can move an application before the Passport authority to revoke her passport in view of the pending criminal case.  If they will not respond (I am sure they will not respond to your request) , you can move the High Court in writ jurisdiction to give direction to the passport authority to revoke her passport.  In such eventuality, there is a chance that she will come back to India.

3.  Desertion happened 7 years back.  Even though the father is the natural guardian of the child, for the first 5 years, the court generally grant the custody of the child to the mother.  As such, it is quite natural for you to wait 5 to 7 years to seek custody of the child, as the welfare of the child of 5 years or so  lies in the companionship of the mother.  My view is that you have not slept over your right to seek the custody of the child.  Now, you have the right to seek the custody of the child.  So, move appropriate petition seeking the custody of the child.  In this, move interim application for visitation rights of the child.  You will certainly get the visitation rights of atleast one to two months in a year in the intervening period of the child custody case.  At the end, I say, the act of your wife to keep the child below the age of 5 in the custody of her parents, while she was away in USA was illegal and was a great moment for you to seek permanent custody.  But you missed that opportunity. Bygones are bygones.  Now also you have a right and method to get some relief in Courts.

Wish you best of luck.  

I think I was right in my initial post where I wanted to know if RTI may help in this regard and some how the experts missed the point where I was more interested in knowing what father can do for getting KID or atleast getting his wife back in India to face the music and finally give up on her divorce as well and think of spending smooth life in USA which she is enjoying currently but at the cost of my friends life where he is stuck and losing (in fact lost) everything. His view about his daughter being taken to US is a positive thing for his daughter coz now she is with her mother and surely living a better life than living under custody of maternal uncles in India. So I don't think he would want daughters custody but surely if he sends the message that he is working on getting his daughter back and in case mother did some manipulation in taking the kid, she can come to talking terms and negotiate on the basis of leaving mom and kid alone from all hassels and let them live peacefully in USA, She may agree to leave husband on his own as thats the best for everyone at this stage.

I know you guys must have heard so many cases and everycase seems to be a peculiar one and here I don't see any harm if boy is given divorce coz 7 years time is long enough to understand there is nothing which is left to keep the marriage alive.

Things are so simple and rational however looks like you guys have urself said its like Lord Hanumans Leap coz neither Passport Authority of India has any interest in this regard nor I feel the boy is interested in disturbing his daughter/wife(s) life. I would give it a try to convice him to file RTI in passport office which I am 90 percent sure boy wouldn't want to do it, but lets see If I am able to convince him then can anybody help me in knowing how RTI is filled, I  mean is there any particular form or it can be a plain application on notary paper or something? I can understand he must submit the form/application at the concerened dept. and then what? How to pursue it next? They would be liable to inform the out come of it withing a fixed period or he needs to run pillar to post to actually get the things done?

Also one more thing about his divorce case since she is in US and nobody knows her address then is it possible that court can call upon the Immigration Dept. to furnish the details of her visits abroad and the time she has spent there and which can give judge enough to understand the lady is not interested in living with her husband and he may agree to award ex-partee decree? Do you guys think Immigration Dept will hold such information on every person leaving India and coming back? I visited many times and every entry and exit I was being examined so I guess they should have all the information.

Thanks a lot for you time and responses.