LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S Thomas (Freelance editor)     17 June 2012

What to do when wife disappears with child?

A realtive of mine is going through a mutual consent divorce and has a six year old son. Currently he is waiting out the six month period before the divorce is finalised in August. However, his wife has disappeared with the son. She is not receiving his phone calls and has changed her numbers. My relative is presently out of the country and will be back only in July. What can he do to ensure access to his son, before the divorce is finalised and he loses his son forever? 


 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 June 2012

1. He never looses the child forever, no child custody order (even if  based on consent is permanent or static) he can retain visitation rights/plus ask for a modification of custody order based on consent.


2. She seems to have changed her mind over mutual consent, and sadly nothing can stop her from that. 


3. You can file a writ of habeas corpus seeking production of your child in the HC of your state. 

1 Like

S Thomas (Freelance editor)     17 June 2012

Thank you for your reply. I am unsure about the state where the filing should be done. Although his parents live in Kolkata(they will not help in any way as they dislike his wife), he for the purpose of work has to be in Arunachal Pradesh(though presently he is out of the country). His divorce will be finalised in Hyderabad and he knows only this that his wife is somewhere in Delhi. So in which state should the habeas corpus be filed?It is not that his wife does not want a divorce by mutual consent. She is probably involved with another man and hence would want the divorce to go through smoothly. My relative was to meet with his son in February 2012 to spend some time with him. But the wife disappeared with the son on that day.She has not been reachable since then. except for once, when my relative sent in a child support cheque. She called up to say she had received it but did not let him talk to his son. Also should he file the habeas corpus before the divorce gets finalised.

Tajobsindia (Senior Partner )     17 June 2012

@ Author,

More or less I agree to Bharat but HCP at such belated stage is not right approach even if Feb. meeting may have been part of some MoU between them. Reason being at admission stage of HCP it will be difficult for the person filing it to explain to concerned Court why 4 months delay in filing when natural father was aware of dispute in Feb. and second you say your relative is coming back in July and in Aug. the second final motion is due so timing wise HCP may fail is my view if filed before MCD (Divorce).

The remedy is contempt of court if MoU and first motion plaint was made part of parties statement and first motion Judgment of the court which may be filed before the Court in HYD but it may affect second motion moods of one party.

1 Like

manish (cdsdfasd sdf)     17 June 2012

habeas corpus needs to be filed immediately at the place she last resided according to court records. Please do it asap as i believe habeas corpus has to be filed with 1 to 3 months. if she tries to disappear with the kid, at the end of the day, court wll hold it against her.

S Thomas (Freelance editor)     18 June 2012

Thank you so much for you replies.

@ Tajobsindia

Will it be too late if the contempt of court motion is filed in july as the father will not be available till then. According to visitation rights settled upon the father would call 48 hours before meeting the son and then go on to meeting him. However, the wife has refused all contact and replied to any mails as well. 

Also to all,

Can anyone suggest a good family lawyer in Hyderabad who would be proactive and who the father can meet up with when he is in Hyderabad in July? So far he has only dealt with the lawyer who drew up the divorce papers and he has not been as helpful. 

S Thomas (Freelance editor)     18 June 2012

@ Manish

Also the father is in no position to file a habeas corpus now. He can only do so sometime in the second week of July won't that be too late by then?His wife disappeared with the son in February.

Tajobsindia (Senior Partner )     18 June 2012

@ Author,

There are two ways to look at your subsequent query;

First -
Get over with MCD second motion by amending MoU adding a line that "in case wife (mother) changes her residence address and or cell phone no., she will inform to husband (natural father) within 24 hrs. by SMS / Email of natural father and receive decree in divorce accordingly. 

Second -
Ask him to take Hanuman's leap overnight and first find a better Lawyer + file Contempt of Court via second advocate. [But what was he doing all these 4 months is a natural question if I may ask (you are not required to reply to this as I can see you are some third party piggy querying us)]

However, in either options process flow I would prefer first option for few simple emerging facts, that are; natural father is currently in overseas country + returning to Indian soils sometime in July + almost had not much of a support from his current advocate + we are not sure what is his first priority -MCD decree aor visitation (visitation can always change as per circumstances) + why no mention of communication address / cellphone of parties exchange in 24 hrs. in case of change as a para not mentioned to safeguard child best interest + we do not know who you are who is asking these queries on behalf of a natural father which makes such strong resolve for contest or bringing such willful lapses of a co-petitioner (wife - mother) on record meaningless (means less result oriented) as so called third party presentation of a case somehow looses much of its sheen in days to come and cumulatively all these emerging facts are not encouraging signs to bring to table (or that matter to a concerned Court view) either a HCP and or a Contempt petition and or even possible for him to be present during pleadings in the best interest of a child is my view.

Also note an Advocate is not just stumbled upon via internet search by a third party infact all one-on-one due diligence are required before hiring services of an advocate (this is my view and it is not that I’m against any of my fellow ld. brothers presence in internet forums).

2 Like

kamal (Advocate)     18 June 2012

Meanwhile file a police complaint near by your area on behalf of him.That will be helpful to you in case.

Best of luck.

Rajinder Kumar (Prop.)     16 July 2012

registred FIr to police or complaint to Sp for missing wife and child if wife stolen your cash & jewellery articles also mention in fir or complaint.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads