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sakthivel   04 November 2019

Interim maintenance and visitation

Respected Sir/Madam

I am currently fighting a DV case. The case was filed in 2017. The estranged wife after filing the case had left India and is currently living and working in Dubai. Her visa details, salary details(approximately 1 lac Indian rupees) are produced before the Honourable court. I have one child(5 yrs boy) and I have filed custody under Guardian and Wards Act. I have submitted prayer for visitation and custody under the DV Act. The estranged wife had left the child in India with her parents(her mother is cancer patient) and was working in Dubai. After filing of custody and submission of prayer for visitation in DV, she has taken the child abroad. The details of child like schooling, living.etc. are not shown to me or court and an affidavit(endorsed by Indian embassy) is submitted by estranged wife that the child is living and studying in Dubai and court has accepted it bringing to an end on argument of the current location of child. The estranged lady is claiming for maintanence of 1 lac Indian Rupees in DV. In custody case her lawyer had submitted reply that she is working abroad due to her mother's illness.

Is there any scope for interim maintanence order in this case? They are not showing child to me or sharing any of his details and asking maintanence for the mother and child and both of them are living in Dubai. How to get back my son to India?



Learning

 1 Replies

P. Venu (Advocate)     05 November 2019

The court is already seized of the issue. Wait for its decision.


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