Child custody question

Hello Sir...

As per the details that you have given, there is a very high probability that your wife will show "125 CrPC" that she has filed against you as a "a valid and strong reason why passport application has to be accepted from one parent only."

If you decide to fight your wife legally to get access to your son, you will miserably fail even after spending lot of time in courts and pay lot of money to lawyers.

Even if you get any child visitation or custody orders, your wife will know all tactics to evade all your orders.

So, the better option would be not to take any legal step.

Respect your son's dignity and do not drag him to court.

Go where your son is and meet him.

Even before court gives any order, start paying for your son.

Talk to your wife directly or via relatives and friends.

Expose your wife's attitude to all her friends and put presssure on her to reconcile or give access to your son as much as required.

Do not give power to your wife by going legal way.

Use social way which will be more powerful to pursue your wife.

Hi Prasad

Thanks for your advice. I tried everything possible to convinve her but was not successful and hence taking the legal path

Indian authorities are very, very strict and if they come to know that a person (including child) is living in this "holy country" without valid passport, they jump on such an opportunity, because there is a lot of "extra bucks" in this emotional drama and they would be eager to deport the boy to his native country in the line of their patriotic duty.  What they require is a whisper about such boy and his address.  Rest, they do it .  Every thing depends on your wife.  Whether she knows about the passport issue and the conditions go along with the renewal of passport, i.e., requirement of consent of both parties.  If she is also aware that in exceptional cases, one parent's consent will be good enough, she has to do two things - before expirty of passport, she has to approach the authorities concerned and ask them to back bend and issue passport taking only her consent.  If the authorities refuse to do so, then she can approach the HC .  But HC will be most of times reluctant to give direction to the foreign country authorities, but if you are a party HC will ask you to give your consent.  Sometimes HC peculiarly intervene in this case and mediate between husband and wife turning this entire matter as matrimonial dispute as you have seen in Karishma Kapoor's case decided by Justice Mudgal.  At the time when your wife is approaching the authorities for renewal, if you will be in US doing your job, then there is less likelihood that the child would get permission to stay in India.  But after all, we call it India and here weird things happen.  The courts, in the name of exercising the inherent powers under S.151 CPC or 226 of COI of extraordinary powers, grant permission to your child to stay in India without valid passport.   So, at the end of day any thing can happen.