Habeas corpus for son

1.    Too late for HCP.

2.    Ideally when you filed RCR your advocate should have got allowed visitation under S. 26 HMA r/w Misl. Application under S. 151 CPC. Further if Court is empty then by a Misl. Application before District Judge (if ordinary Civil court hearing HMA matter) should have been moved to transfer case to another Court with similar brief. If case was being heard by a Principal Judge of a Family Court then before Hon’ble HC an Application for transfer to appropriate Court should have been moved.

3.    Even today acting upon para 2 is not considered late if your concern is to meet wife in Court and meet child during visitation.

4.    Reverting to your brief, RCR is good move and stick to it. It will negate her S. 125 CrPC if she moves later as well as will not give her right to attach property on your name or salary via Court under any Execution proceedings.

5.    Prepare yourself from now that the brief may end up in divorce one day as if 3 + years have already passed on that alleged ‘outside influence’ and she has not come back to matrimonial home then one should start to prepare once mind and soul for eventual divorce. As far as custody r/w visitation of child is concerned you can still act on advice mentioned in para 2.

it is not late even now talk to your lawyer and file for vistation of child in that context there will be a chance to meet both of them because court will grant you this oppurnity and try to consult other lawyer and enquire about there whereabouts and file accordingly