(Guest)

Wife left to Sharjah leaving 2 years and 6 yeard kids

My wife Subhadra Biswas is missing from 16th May 2011 midnight. In the early moring I found my younger son (2 years of age) was crying at balcony and my elder Son (6 years) was locked outside the door.
After repeated mail to her she didn't respond to my email. then I found a offer letter from Petrofac Sharjah in my 6 years child laptop. I contacted their HR personal including director HR for her information then she shared her email and phone number and confirmed she is in Sharjah, UAE. But she is not sharing her residence addres with me.

She didn't inform me about her travel or work in Sharjah, She had an excellent offer in L&T where she took me to L&T office to confirm her joining date.
We are financially sound and well settled in Kolkata. When I was in abroad I had to cancel my work permit because of her. She used to write mye money can't buy my child happiness but now I do not know howm money or her dream can make my kids happy !!!!

I am finding it difficult to manage two kids. When I am repeatedly requesting her to come back she responded that she had a dream to work abroad so she left to Sharjah for work in abroad.he will return after one year.
I have contacted UAE Ambassey and they contacted my wife but my wife convinced them we are financially weak and we have 20 lacs home loan so she will be here in Sharjah for one year to repay the loan. House is our joint property where I contributed 14 lacs and my wife paying home loan for 20 lacs
My income monthly 1lacs 60 thousand, It will not take more than 2 years to repay loan.

I have fileda FIR afainest my wife and planning to apply for divorce next week.

My question: Can I file a case againest her inSharjah againest cruelty leaving 2 years kid and 6 years kid to arrest her ?
Can I file a se againest her inIndia againest cruelty leaving 2 years kid and 6 years kid ?.
Can I initiate a case to arrest her for neflecting kids ?
For divorce and child custody (Physical customy with me)how stong my case it ? Do I need to appeal for child custody ?

Thanks and regards

Pijush Biswas
+91 98369 52565

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1 Replies

Tajobsindia (Senior Partner ) 18 June 2011

@ Author

First thing appoint a full time child care female nurse at Home by interviewing from Placement Agencies. In the absence of such arrangement call female relatives from family to immediately come and look after the children.

Second file a simple one page police information report stating in short briefs of chain of events and children age and they are in your care and custody and state that without consent wife / mother left matrimonial home and take receiving (stamped / signed) on True Copy under diary entry at child jurisdiction police station.

Third appoint a family law knowledgeable advocate in Kolkatta (Ld. Devjot Burman from Kolkatta is a very sound active ld. Advocate we have here in LCI whose reference you can see under expert section and may after due diligence contact him directly) and he will assist you in filing two required application / petitions before jurisdiction Court.

Que.: Can I file a case against her in Sharjah against cruelty leaving 2 years kid and 6 years kid to arrest her?
Take: If both of you are Hindu and married under customary Laws in India then case can't be filed in International Courts.

Que.: Can I file a case against her in India against cruelty leaving 2 years kid and 6 years kid?.
Take: Yes, use S. 13 (1) (ia) HMA as well as S. 25, 17, 10, 12 GWA R/w S. 151 CPC and annexing the police report and other grounds till date happening in matrimonial life of you two a case may be filled in Kolkatta at the earliest.

Que.: Can I initiate a case to arrest her for neglecting kids?
Take: She being mother without consent left two children behind in middle of night without informing father and thus IPC section can be evoked but use her neglect and remorseless for children as 'merit grounds' not only to seek Custody but Guardianships of children in your favor.

Que.: For divorce and child custody (Physical custody with me) how strong my case is ? Do I need to appeal for child custody?
Take: You have a very strong case provided "Service" are served upon her at the earliest and if she refuse to be served upon her then brining it on record ex-party Decree as well as final Judgment under Guardians and Wards Act may be pressed upon. Follow first till third mentioned above at the earliest without wasting much time.