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Custody of Child in case Spouse takes away child

(Querist) 07 September 2009 This query is : Resolved 
Ihave special case, my spouse has gone to her inlaws saying to my parents and me that she will return in 21 days with my child.Her brother had come at our home to take her.But after few weeks when we tried to call her back,she has been instigated by her brother who is a lawyer,that she will not return. We and my family members tried to visit her inlaws and had several times convinced her to comeback,but she is not heeding.I suspect she has been instigated and not doing good for my and my family.
We have now waiting for 3-4 months now but there is no response.What shud i do.? my child is @2.6yrs,what are the implications for filing a criminal/divorce warning .What are the repurcations i could be trapped or alleged as,her brother is a lawyer.
In case divorce is certain, and if i am employed what are the chances of custody of my child.Please reply and help.riven
A. A. JOSE (Expert) 07 September 2009
Dear Mr.Sailesh,

Please note that custody of the child depends upon several factors and no uniform standards can generally stated except for the fact that it is mainly decided keeping in view the long term safety, security, well-being and future of the child. I advise you to explore all chances for an amicable solution to save your family life and also the future of your child.

With best wishes,riven
sailesh (Querist) 08 September 2009
we have tried several times to convince her to return back.But it seems they are adamant not to return,there is even no calls from her ,everytime we have to call and now there is no communication for 3months.We had infact sent a letter also asking to return,but there is no reply from her.everytime we make an effort the more adamant they become.Is there any facility to send some warning document/deed indicating to return within such days otherwise action would be taken........riven


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