Rajkiran123 (Manager) 10 June 2015

Child custody case - party not appearing

Dear experts,

My divorce case and 498a case are in progress.I have filed for child custody case ( child is 3 years old) and interim visitation rights some 5 months back. The notice has been served to my wife's mother but no one appreared before the court till date. I understand they have left the place where they used to stay but are receiving notices etc. as if they are staying there. I am not aware where my child is and I am getting worried. Recently, I got to know that my wife has moved to new city and I am not aware of the address. Please advise on the below:

1. Shall I continue with the child custody and take expartee order ?
2. What happens if I get get expartee ? How will the child be given to me when the child has been taken away from the jurisdiction already? Will police gets involved here by the court ?
3. Shall I file a missing complaint with the local police now to trace the location of the child and then refile the child custody where the child is currently residing?

My wife and family just wants to harass me by not showing my child and are applying all sorts of cheap tricks. Any advise would be great help. Thanks in advance

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6 Replies

saravanan s (legal advisor) 10 June 2015

1.yes

2. after getting the custody exparte if you still dont know the whereabouts of the child file for a execution order in the court.

3.not required

saravanan s (legal advisor) 10 June 2015

1.yes

2. after getting the custody exparte if you still dont know the whereabouts of the child file for a execution order in the court.

3.not required

Anand Bali Adv. (Advocate Solicitor & Consultant) 11 June 2015

I agree with the Mr Sarvnan. S only up to first two points.for getting going on the cases of Divorce and Childe custody in the court and attend the 498A case as respondent accused.and take the exparty orders in Divorce and custody case and get the dispose of the criminal case in his favor by getting aquittal in his favor; however side by side I insist that he should file a case of kidnaping of his child by her wife ( obviously after getting the custody decision in his favor) however I do not recomend him to file a missing report as there are chances that she can surface out and contest the case which will cost you more in time and cost both. It is better to get exparty decree and file for the executuin of the order in case of the child custody and its absence file a kidnaping case against your wife.

saravanan s (legal advisor) 11 June 2015

agreeing with learned advocate anand bali sir

N R Dash.. (Advocate) 11 June 2015

Rightly advised...

kilimanjaro (md) 17 August 2015

How does it makes sense to file a missing complaint when already received an exparte in child custody case ?

Originally posted by : Anand Bali Adv.
	I agree with the Mr Sarvnan. S only up to first two points.for getting going on the cases of Divorce and Childe custody in the court and attend the 498A case as respondent accused.and take the exparty orders in Divorce and custody case and get the dispose of the criminal case in his favor by getting aquittal in his favor; however side by side I insist that he should file a case of kidnaping of his child by her wife ( obviously after getting the custody decision in his favor) however I do not recomend him to file a missing report as there are chances that she can surface out and contest the case which will cost you more in time and cost both. It is better to get exparty decree and file for the executuin of the order in case of the child custody and its absence file a kidnaping case against your wife.