raj (accountant) 21 April 2013

Wife absconding....

I am a husband married in 2006. we have one son and I came to USA in 2008 july.

In july 2010 she(my wife) came to USA and stayed with me 2 days and after that till today do not know where is she.

after 8 months of stay in USA with her parents she went to India in 2011 January , since July 2010 she almost absconding. ( I am not sure whether I can use this word or not) .

In Nov 2012 my mother expired , nobody attended even not responded my email. when I send a warning (Intimidate email) then responded and send summons.

Recentlly I sent a Email to her asking her where are you ?? where is my son?? she send summons under section 13(i) (ia), but due to non avilability of my presence in india the notice is not served.

in between(juyly 2010 to Dec 2012) there are lot of auguments between us and her brothers through emails .

I did not seen my son since july 2008. Can anybody suggest please...Thanks in Advance...

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2 Replies

Tajobsindia (Senior Partner ) 21 April 2013

Your brief has lots of contradictions. As it may be so, what you want from us?

1. Divorce advice?
2. Child custody advice?
3. Want advice on how to trace her?

If para 1 then;

You have knowledge of Notice of a Court that is sufficient to service the case. Hire an advocate or give PoA and service the divorce case.

If para 2 then;

Honestly 5 years since 2008 not tried any interaction with child itself is inference to loose custody case. Laws says file HCP in HC to produce child. Law says file missing person report to tracer both. Law says file a custody case the moment child removed from ordinary jurisdiction. However if via mediation some visitation arrangements agreed between parties then only that is possible is what I feel as of now.

If para 3 then;

The Court notice and the annexed Suit matter has return address of hers that means unless challenged by you she is available for all legal purposes at her Suit matter stated Address.

stanley (Freedom) 22 April 2013

@ author

From your brief it seems you are eager to see your child .

1. File a missing persons for your child as suggested above .

2. Than you would have to file for custody and visitation under gaurdians and wards act.

3. It seems your wife wants Divorce but you have not clarfied what exactly you want ?? If you dont want to give her Divorce than dont give it . But in case you want to Re-marry you can give it . There is no point continuing with the marriage when it is dead .