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ajayKD (Client)     15 December 2012

Mother abandones child for life abroad

Dear Learned counsel,

The coming Tuesday 18th is my hearing for my custody petition, so fingers crossed.

My estranged wife (divorce petition pending) will no doubt arrive from the UAE to contest this.

Just to stroke my confidence and belief, do you any of you, learned members, of this forum believe I have a fighting chance as the mother of my child is abroad on employment and has left the child (boy, 3 YO) with her parents OR do I brace my self for the inevitable verdict favoring the mother, just that in MY case the mother is unavailable in the country to provide "the nurture and care that a child of this tender age needs"

Also, the child has been in my in-laws since March this year, If the case is not decided at this hearing and will at any subsequent hearing, will the judge feel it is better not to disturb this arrangement and let my son be with my in-laws?.

A deep rooted fear as I've seen many judgments where the lordships have thought this as right.

I have been crying left and right since March for my son's custody. Every time a make an attempt, my wife flies from abroad, takes the child, gives him back to her parents and takes the next flight back. hide-and-seek!

I know no body can decide Tuesday's outcome but any experiences that can throw light on what I can expect ?

I have a lot riding on this ! Need all your prayers and wishes. Thanks



Learning

 29 Replies


(Guest)

Why cannot the judge check her passport stamps which will show when she is out of the country and when she is in UAE?Good luck my friend

2 Like

Never Give Up (Fighter)     18 December 2012

Rigthly pointed out by Red. And this can not be objected as well :-)

1 Like

ajayKD (Client)     03 January 2013

Okay, Sorry for the delayed update and many thanks to those who responded


I turned up for the hearing and the judge said the court notice was returned as the addresee is out of the country....Judge postponed to 1st March

I sent a private notice which got returned the same manner. Now my wife wont obiously turn up for the 1st of March hearing as she is not aware of this.


Will the court agree for a paper publication next?

Will the case be decided ex-parte?


My son is without his mother or father and with my in-laws, and i cant do anything except wait?, burning inside.. Please help...

 

AKD

stanley (Freedom)     03 January 2013

Welfare of the child is of outmost importance . you can very well project to the court that the mother has abandoned the child and is in the care of the grandparents . Welfare of the child first lies with the parents first and your right is above the right of the child's grandparents . File an application under CRPC 91 calling for her passort along with the entry and exit stamps copies and the work Visa stamped on the passport which would convey that she works abroad . 

Next project to the court that your wife cannot sponser a child in the UAE and only a father has a right to sponser the child in the UAE  only until and unless she is a teacher or a Nurse. Secondly she would not be in a position to look after the child in the UAE as she would have to hire a maid which would prove very costly . Try finding out her profession .Your chances are bright . 

2 Like

ajayKD (Client)     03 January 2013

Sir, many thanks for your response,


To file any kind of action against her, I need to get the notices served to her.


But all notices (court and private) are returned with the comment that the addresee is out of the country. Do I need to wait for the next hearing date to get this notice published in a newspaper (does the court need to order the same)


Please excuse my ignorance but will a Habeaus Corpus be a suitable recourse in this situation?


She is neither a nurse or a teacher but I dont know her present whereabouts in the UAE; she has taken extraordinary pains to keep it concealed.

stanley (Freedom)     03 January 2013

As you said that your wife would obiously turn up for the hearing on 1 st of March hence this was my response else you would have to press for an ex- parte order if she does not appear .

The UAE consists of just Seven Emirates like sharjah , Fujariah , Ras al Khamiah, Abu Dhabi, Ajman ,Dubai and korfakkan When the visa copy is called for the stamp would show the name of the emirate mentioned and it would be in arabic 

 

ajayKD (Client)     03 January 2013

Sir,


If she has not received the notice can I still ask for an Ex-Parte order?

ajayKD (Client)     04 January 2013

Yes Sir !

That is something I am very worried about.

In my case whenever I take custody of my child, my wife comes from abroad and creates a drama in front of the authorities, takes him back and gives him to her parents and flies out in 2 days, a game of hide-and-seek involving a child's life.

The last time I took him when my wife was happily abroad, I was slapped with a 363 and made to sit on the floor with other accused when I applied for bail.

I spend 24 hours thinking about nothing else but this.

The delays are purely due to legal processes. I cant make her come to court because she is unavailable in her address to receive notices, I dont know where she resides abroad.

I have written to every single authority in India worth their salt and have had a few responses but nothing more.

What can I do ?

how can I convey this sense of uregency to the courts?

What legal processes can I invoke?

Will the court not consider time spent by my wife dodging the law ?

Please , please advice..!

AKD

Ashimta Lekhi Malhotra (Independent Lawyer)     06 January 2013

The message has succinctly been given by Mr.Davessar.

It is very difficult to legally deprive the mother of child custody.

ajayKD (Client)     06 January 2013

The case facts have been misunderstood.

The Child IS NOT IN THE MOTHER'S CUSTODY but with my in-laws

MOTHER IS WORKING ABROAD

Ashimta Lekhi Malhotra (Independent Lawyer)     06 January 2013

@ Ajay- They have not been misunderstood. Your wife is using her parents as a shield to bolster her child custody claim. Hope you understand that.

ajayKD (Client)     06 January 2013

I am sorry I do not understand.


Please please explain, my limited knowledge of the law is dealing me a hard blow.

Is the child's mother and her parents not different entities as per the law?


Is leaving the child with her parents the same as being there herself? will the law buy into that?


Is there any legal recourse / remedy to this ?

 

Thanks.

ajayKD (Client)     07 January 2013

Yes, you're right. Being a professional myself, I understand what you're saying and I totally concur; thats why I've sought the services of a new counsel who I sincerely pray turns out to be as knowledgeable as you are. Thank you for your time.

Never Give Up (Fighter)     07 January 2013

@Author,

 

I am not very sure but summons have to be served to the person in whose custody child normally resides. Probably you can serve summons to Father in law and mother in law and let the case begin.

1 Like

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