Hcp for child who is in us last 3 years

Firstly hire some honest lawyer who remains faithful to you otherwise local lawyers are in habit of changing sides in no time for extra bit of money especially in place you both belong in India. Secondly all evidence that show and proof that you hold physical custody of the children with you including the citizenship as well domicile status of you and your children with you. Any order of US court granting you complete physical custody of both children, if you can get will be of immense help to you in Indian court. vijaymahajan5758@gmail.com.

I am completly agree with advice of Mr. Vijay Raj Mahajan. However, if you obtain any decree or order from US Court then just ask your lawyer in US that the order by US Court should be in consonance with Section 13 of Civil Procedure Code, 1908. Show him this provision to obtain order in your favour. Section 13 of Civil Procedure Code deals with when forign judgment is accepted in India. 

Engage a competent lawyer who can assist the public prosecutor with all materials. You are the natural guardian of the child. You should file necessary application and counter with all proofs refutting the allegations of your husband. If the child is under your custody which is a lawfull custody then the WRIT of Habaeous corpus is not maintainable. Also file case against husband for filing false case in court. Sidharth 9811776422

 

Agreeing with Mr. Vijay Raj Mahajan.

 

From your post it appears that your spouse is with wrong lawyer.

A lawyer worth his salt will not advise his/her client to approach court on false and flimsy grounds.

Probably your spouse is wasting his monies.

 

 

There are many publications at LCI also indicating that unsuspecting querist and clients have been allured and fleeced at online portals.

 

Avoid the posers and impostors loitering at online portals, with multiple fake ID’s posing as some expert lawyer/consultant (while the entity is nothing but a LIAR) and advertising some unknown firms as Law firms (which are nothing but LIAR’s firms).

 

The freemongers ( mufaatkhoras’s) loiter and stalk at online portals searching for ;bakra.

 

Such entities even post query by fake Id’s/names and then post replies from other fake ID’s posing as experts and praise each other endlessly and run a vulgar show of Salutes/flattery to each other (fake ID’s) to impress, allure and fleece unsuspecting querists/readers……………and extract monies and fees in the name of online consultations.

 

Online discussions are NOT a substitute to in person discussion with a very able counsel as suggested above.

 

 

Querist/client should ALWAYS inquire in person about very able senior LOCAL counsel/law firm of unshakable repute and integrity specializing in concerned filed of law e.g. Family matters/Civil matters/Criminal matters and having successful track record.

Help of elders of the family, competent and experienced well wishers, PIP’s, DBA officials, women groups/Men’s groups, community leaders, welfare societies, employee’s unions etc etc can be taken………..

 

The onus to prove the contentions and averments falls on the spouse that is contemplating to approach court on false/flimsy grounds.

 

The other spouse that has irrefutable evidence can sit pretty and tight and share it with able counsel.

Either spouse can approach court on issues that are pending between both spouses.

It is matter of choice between both spouses to settle amicably or thru court of law.

In case of child custody Indian Courts consider welfare of child and can ask the child with whom child would like to stay.

Without any hesitation take up the matter with your own counsels and prepare in advance to meet the legal challenge if any, thrown at you. 

Firstly, i would advise you not to worry as several Courts have lately started  taking the view that the custody of a child with the mother cannot be said to be illegal custody. Therefore the provisions of HCP do not apply in such matters.   However, in the meanwhile, do collect proof regarding your son's stay in US as advised hereinabove.  Also it is essential that you appoint a reliable lawyer who can represent you here.