humanbeing (engineer) 30 January 2020

4.8 yr old boy, born in uae, goes to school in uae

I am a father of a 4.8 yr old boy. My son born in Dubai, and has been living in Dubai since birth, He goes to school in Dubai, and his other afterschool classes here.

Due to some disagreements beween us, the wife's parents called me and requested me to let her come to India for a few weeks...while I keep the child since his school was going on. She went there, and after a week filed a GWA, 498a, 125 all these cases with a long list of very shameful and false allegations.

Now, while we are contesting the GWA in the Family Court...she quitely went to the DV Court, and have obtained an exparte order for interim custody, along with a maintenance amount.

My Son, has never lived in India, and he absolutely loves it here in Dubai, he goes to a world class American School here.

What do I do now, so I dont loose the custody of my son.
I know for sure that UAE is way better than the town my wife lives in, in terms of education, safety, medical services...etc

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5 Replies

Real Soul.... (LEGAL) 30 January 2020

dear you challenge the order and get it stayed, but you should contest the cases otherwise your wife would be tricky with you to get ex parte orders...Just stay in Dubai and hire a good lawyer to thwart her every move in India . You have a ground but need to agitate in court.

humanbeing (engineer) 30 January 2020

Dear Om Prakash,

The wife & my son were under my sponsorship..!!
Since she has been staying for last 1 year in India, busy filiing these false allegations that I have asked her dowry and tortured her for dowry (which are abosultely ridiculous) her Residence Visa has expired. Having said that, my son has continued to live with me (she left him behind remember), his residency has been renewd and is Valid.

No you did not sound like a racist :), you just found it easy to generalise....coz its is often difficult to understand each case unless you delve into its details.....and "No I am not a typical malayali....I am from West Bengal....and come from a very humble home...". I have never found myself to be entitled to anything in life, I have worked very hard for evrything I got in life.

Advocate Suneel Moudgil (Advocate) 30 January 2020

1. only way is to appear and defend the cases,

2. since the child is less than five years, therefore, mother is the natural guardian,

humanbeing (engineer) 30 January 2020

I have appeared a couple of times, and have been hired a lawyer to defend the cases.
He is only 4 moe months to 5 years, I am arguing only on the custody, of course she is natual guardian...so am I.

Have a Heart Foundation (Sales & Mktng) 02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform