engineer222 (none) 31 May 2012

Wife gone to usa with kids, crpc ex-parted favor of husband

i am in india, i had filed CRPC restitution of congigual rights , it has been exparte , since wife gone to usa and did not attend the court. , and children have been taken by her to usa and children are usa citizens.

after the receipt of congigual rights case EXPARTE in favor of me, what should i do, she is not coming back and not even talking and i dont even know how the childre are.

i want to file some case, so that, government can get her arrested in usa, and bring her back to india for justice in indian courts, kindly tell me the procedure for that.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 31 May 2012

Dear Querist,

That cannot be done, the only possible uses for RCR ex parte decree for you are :-

i) To defend yourself in any false case that she may file/or maintenance cases defence;

ii) To get her property attached in execution of such decree for RCR under O.21 R.32 of the CPC.

Feel free to talk !

Tajobsindia (Senior Partner ) 01 June 2012

@ Author

Apart from i. and ii which were well advised by @ Bharat

iii. File for its Execution too - 1 year (is its limitation) and afterwards you becomes eligible for Divorce (if she does not cohabit with you which means) and who knows you may get Divorce too ex-party !.

However if i. / ii. / iii are not your plans as it shows from your brief then what use is chasing her in some overseas country by wasting your current productive years ?