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(Guest)

Not seen my son for 2 yrs now...need advice

wife and me separated for 3 yrs...

not seen my son for the last 3 yrs .. he is going to schol now.. she refused to tell me which scohol..

we live in differet cities... 

she moved to a new house after separation andf i dont know the address..; 

she is ready for MCD , but refusing to let me see or talk to my son... i am afraid my son wont even recognise me

tried many times to patch up but wife and her family insulted me in all possible ways..

WHAT SHOULD I DO??  lost my patience now...



Learning

 11 Replies

Never Give Up (Fighter)     30 November 2012

Why did you waited for 3 years...file for child visitation immediately.

 

From her network (relatives,job,social sites etc etc) try to find out where she is residing and file child visitation case in that city court.

 


(Guest)

I did not want to trouble them... I still care about my wife. I thought time will heal problems, but each passing day my wife is becoming rude and refusing to let me see my son...

Now I do not want to wait any longer...

have a heart foundation (member)     01 December 2012

Immediately File For Child Custody under Guardians and Wards Act and Ask for Interim Child Visitation Rights, since you care for your wife, Also, file For Restitution of Conjugal Rights. Both separate petitions need to be filed at the Lower / Family Court at the Jurisdiction where the child and wife reside.

If there are No where abouts of the child available file a police complaint and then file Habes Corpus Petition at High Court.

Delay in filing petitions will cause delay in meeting and developing a relationship between you and your child.

Tajobsindia (Senior Partner )     01 December 2012

1. If you are fed up and want to call it divorce then say yes to MCD and set terms of visitation.
2. if you are still not fed up and would rather like to wait for her to come in her bridal best and show you your child then what better way to ideate waiting then file a custody and interim visitation case using GWA The Act in city where child ordinarily is residing currently. You will get visitation probably once in a month and if you work hard and prove you are better parent then her then who knows you might even get custody too.
3. GWA case is the most safest case in reference to context and in this case also mediation happens and if possibility of half way MCD happening then opt for the same on your terms "visitation". 


(Guest)

Thanks for the replies...

@ Tajobsindia

1. Yes. I want to file a MCD , for which she is ready as well

2. I want to get the divorce asap...

@have a heart foundation

No I dont want to file any Restitution of Conjugal Rights... Just want to get MCD done and move on...

The thing that worries me a lot is the whereabouts of the child... I dont know where the child is and will take a lawyers help in filing a case for that, maybe a police complaint...

any other suggestions please?
 

Tajobsindia (Senior Partner )     01 December 2012

Originally posted by : Sant
  1. Yes. I want to file a MCD , for which she is ready as well
Take: Noted.

2. I want to get the divorce asap...
Take: Then set terms and conditions for custody and proceed accordingly.
 

(Guest)

@Tajobsindia  ; Are you a lawyer?

 

I tried searching here for lawyers in Hyderabad, I got only 9 and doesnt look promising...

Do you know any reliable lawyers in HYD? If not can direct to me any online resource for it?

 

Do I need a lawyer to file a MCD in court or to set the terms for MCD?

have a heart foundation (member)     01 December 2012

 

 File police complaint and then file Habes Corpus Petition at High Court. This wil help.

Also try filing an RTI with Passport Authority or Ration Office giving name and old address of wife and child. Seek Info on current status and address.

If she has shifted with child she might have registered her new address with them. you can take a chance...


(Guest)

@Have a heart :  Thanks for the reply...

Even if I find the address, can I go to their place when we are not on speaking terms?

They have behaved rude to me in the past... Should I go alone?

have a heart foundation (member)     01 December 2012

Once you get to know the adrress :

File Child Custody Under Guardian and Wards Act (Pray For Interim Access / Visitation Rights)

File For Divorce

File Petition for Injuction and Stay so that wife does not move and remove the child from present Jurisdiction 

Both Petitions need to be filed at the Jurisdiction where child and wife reside.

File Petitions as early as possible within a week / ten days.. Immediately Serve the Notice Hand Delivered and also through Court.

 

Once the petition is filed... you can also go for Mediation (court appointed mediator) and can go for Divorce through Mutual Consent and also sign parenting plan which will ensure you visitation rights to child and will take care of all the needs of your child.

 

 

have a heart foundation (member)     03 December 2012

Do Not Go To meet them directly.. they can file a police case against you.


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