Below Are the Facts:
1. Wife working in MEA as Personal Assistant.
2. My Daughter is 6 Years of age at present with my wife.
3. Got Married on 23rd april 2008, Wife stayed with me for 3 Months after Marriage after conceiving went back home, came back just for delivery and went her home again just for 15 days and never came back.
4. After 4 ½ Years I filed (Divorce - Sec 13 + Custody & Meeting rights on June 2013 – Desertion, cruelty & schizophrenia). She has filled only 1 case ( ie: Sec 24 Maintenance)
5. Judge asked me how much would like to help your daughter, i told that i would like to voluntary give Rs. 5000/= PM to my daughter (which i am Regularly Giving maintenance)
6. Since after 2 years i have been allowed only 2 times to meet my daughter for only 50 minute and after a gap of 1 year. (Note : when i met her second time she didn’t came to me and even didn’t recognize me at all)
Problem Priority wise:
P1. Just on last date my wife has submitted a statement in court that she has been deputed to Bhutan India High Commission and she has to leave India in april 2015 . For which Judge added this info in order and said this is a Civil case saying you can make your lawyer proxy.
Note: She didn’t ask any permission to take my daughter or not, as if she was thinking that every things will fall in her favour as default.
Note: When my Lawyer said that Madam Section 26 is still pending (Child Custody & Meeting Rights), on which Judge didn’t gave any satisfactory Reply. And gave new date for Discussions ie: 4th Aug 2015.Actually 6 months from Now and My wife will fly to Bhutan on April 2015 with My daughter.
I had Discussions with Many People. They said this would actually one more cruelty on you.
Action which i had taken:
1. Today I moved Application 151 in the same court “Requesting my Judge to stop her to go to Bhutan along with the child”.... But Judge seems to be biased said me verbally (Should she leave her job for your Meeting rights).
She has called me 3.30 on 25th Feb 2015 (After 3 days) ...... let’s see what happens
Questions:
1. Can any spouse take child outside Country if Child custody case is still pending?
2. Does father have no visitation right at all.... She never see my daughter for 4 ½ Years and after that in 2 years court battle i only saw child only 2 times and now she is going abroad with no directions from the court.
3. Other is we have a separation off 4 ½ Years + 2 years court battle, but still my wife doesn’t wants to give divorce to me and just want to play around my life and my career using long litigation process. In this case what should i do?
IMMEDIATE HELP REQUIRED
