I am posting this query about an false Habaes Corpus. I am the mother of the 4.5 years old son and the son is with me for last 3.5 years and in USA. Last 2 years "RCR" was filed by Husband in India but recently he has withdrawn this RCR case and submitted a HCP in high court of Chennai stating that the Child has been missing only for 6 months and in which he had stated that he had been visiting the kid often. But actually, he has never made an attempt to contact the kid or never shown interest about the kid. Kindly help in responding to this as I cannot come to India with the Kid within this short span and also i am worried this will turn into a child custody in India
1. Can I submit all the proof of Kid staying with me through my family members, Will high court accept the proofs without my presence?
2. Will the Judge still order to bring the Kid in person though the details given in the case is not true?
3. Should I submit my response by hiring a Lawyer or is it enough to hand over the proof to the public prosecutor?
Awaiting some help and ideas on this