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commonman   10 February 2015

Intra parental kidnapping - wife ran away with child

Hello Friends,
 
I had been married for 7 years, and during these 7 years, my wife has left my home almost once every year for no real reason (why did you not call my sister OR I want a new cellphone... simple matters turn into abusive arguments,,, and than she leaves home). Not to mention the social embarrassment her family creates by bad mouthing me and my family in the society. And every time for the sake of my family's peace, I have forgiven her acts and convinced her to come back.

6 months ago, she again left home for no real reason (while I was away at work) and took my 3 yr old daughter with her. She did not inform me of leaving the home - no message nothing... I am tired of her acts and have decided that it is high time that I stop convincing her to come back... she needs to take a decision if she want to live with me or not. For past 3 months, I am trying to talk to my kid and she would not let me talk / meet the child. I miss my child like anything causing me great distress - both emotionally and physically. And I know for sure that my child misses me as well.

Is their any law under which I can have joint custody of the child ?
For now, I am not interested in filing either a divorce petition (for the sake of my child) or restoration of conjugal rights (I really don't want to force her to come back)... 
 
All I want is legal right to meet/play/spend a few days with my child every week...
 
Please advise what can I do in such a situation. Any pointers/guidance will be helpful.
 
Thank you for your time and help.


 7 Replies

SuperHero (Manager)     11 February 2015

https://www.lawyersclubindia.com/forum/Court-for-shared-parenting-116553.asp

1 Like

Adv k . mahesh (advocate)     12 February 2015

visitation rights you can file under guardian and wards act were you will get to visit your daughter as per the court order 

and were is she staying 

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 February 2015

You consult a local lawyer and file a child custody case and also file an application for visitation rights as an interim relief along with the main petition.  That is all you can do now.

1 Like

commonman   14 February 2015

Thank You all for your advise.


It is insane that indian laws see fathers as nothing by money making machines devoid of any emotional needs...

My wife ran away from my home just because I did not agree to one of her irrational demands ... and now she has all the legal rights to emotionally hurt me (do what I say or suffer) ... and as a father I have no legal recourse other than to file for visitation rights (and be at her mercy that my filing of visitation application will not trigger her to file a false DV or 498a case) ??

What kind of justice system is this ?? If she does not want to live with me than she is free to go her own way ...  just because she is a mother does not give her ownership of the child ...  a child belongs to both parents and no one should have a right to separate either of the parents from his child.

I need my child back in my home and not mere visitation rights ... and I will fight for it ... This has to change & I would appreciate if learned members can guide me on what all I can do raise my voice - the easiest/fastest thing that comes to my mind is to start a online petition ?? any other suggestions ?

commonman   08 March 2015

I have been searching internet to get more insights.

1. Found a recent international study on Parental Child Abduction : The Long Term Effects published by International Centre for Family Law, Policy, and Practice -   https://www.famlawandpractice.com/longtermeffects.pdf


2. Found an online petition on change.org . I request everyone reading this thread to read the online petition and if you agree than sign   https://www.change.org/p/the-president-of-india-support-shared-parenting-joint-custody-to-bring-reforms-in-outdated-law-related-to-child-custody-visitation 

Aneesh Trivedi (Advocate)     09 March 2015

i am also suffering like you , wife took my daughter when she was just one month old and not allowing me to see her , i also want to get her back anyhow..... wife filed false 498A as soon as it will be finished i will go for counter.... so dont panic just wait for your turn every thing will be alright.

kunal   20 May 2015

Hi , 

i am also in the same situation , wife ran away with my kid without intimation. Now how can i proceed ? . This child visitation is noncense. no wat to get child custody ? 

If wife cases are proven false atlest then i can get child custody or not possible ? 

 


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