Child beating and custody case

Sir, 

It will have a pursuasive value in the eyes of law and that will help you, becasue the welfare of the child is the paramount consideration for the courts to decide the custody. 

Warm Regards 

Kapil Chandna Advocate 

9899011450

The US Court decision in this regard will be of great importance as the Welfare of Child is paramount consideration not only in India but in all International laws and especially countries like USA and other advanced western countries the child laws are not only made for their complete protection but even implemented in words and spirit, the Indian judiciary knows this fact and thus the evidence you got along with US court order will definitely be of great help to get complete physical custody for your child from Indian court.

All you need an expert lawyer in family matter to handle your case properly in Indian court.

It appears that you are not divorced. In India the question of cusody will come only if you and your wife are 'separated' in the eye of the law. I do not think that in Indian law there is anything like asking a wife to go out temporarily. Even in USA laws change from State to State. The question of your prayer to an Indian court will arise only if all three of you come to India. The child is with you now. So if you come to India the child will also come with you. Then your wife also has to come to India and pray to the court for custody of the child. When she asks for the custody of the child she will have to say that she does not want to join you. It is only your presumption that she will not come back to you. If she chooses to come back, you cannot prevent her from coming back. If all three of you come back to India, you will have to go through all the processes for divorce or at least judicial separation. At first the Indian court will have to recognise the you husband and wife are living separately. Only after that the question of custody of the child will arise. Things are far away and there are many ifs. One cannot be that much far-sighted.

What Madam Chaudhury says may look like a joke. But take it seriously. If you come to India with your child and your wife (she is still your wife) also comes to India it can happen that first you are arrested and then leisurely things are looked into. Your case in India for custody of the child are imaginary at this stage. 

In India there is no anti-adultery law against women. If she engages in relationship with another man, the other man can be punished under Section 497 IPC and that too only if you complain. There is no provision in the section to punish the woman, thanks to Lord Thomas Babington Macaulay. People want to amend Section 377. But no one cares about Section 497.  You can state her relationship  as a ground for divorce. But your problem is custody of the child.

Hi Renuka Madam,

You said "If possible as it appears to be you are not satisfied with this marriage, and if you want to take divorce, take it there in USA only". My question is...if I take divorce in USA will it be valid in India? Just assume that I got divorce in USA and after few months I came to India to see my parents or for some other important reason then if my wife files a case then if I show the divorce and child custody orders which I got in USA, those orders are valid in India?