LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Surya (Manager)     30 October 2012

Child's custody - us citizen

Hi,

My wife and I separated 2 years back. When she left to India from US, I thought she will be back after couple of months, so I didn't stop from taking the 4 months kid from US. But later she seems changed and not ready to come back to US and live with me, then I went to India one year back with the intention of resolving the issue. But her parents not even allowed me to see my kid. Kid is a US Citizen and I came back to US due to job issues. I am not sure how to to get back my son. I checked in US and here the attorney is saying I need to file the case in India as it is more than 6 months that my wife left.

My wife left the kid at her parents’ house and living in a different city for job. I’m really concerned about my kid and want the kid stay either should be with the mother or with the father.

Can someone please advise how to proceed further? Can I file a case in Indian court? Do I need to come to India for doing that or Can I authorize my lawyer or my parents for running the case.

Thanks!!



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 October 2012

You can file a case for the guardianship and custody of the child. This can be filed giving attorney to anybody, who in turn would brief the counsel. You may have to come at some ocassions, for the court to judge whether the welfare of the child lies with you. It would be a great idea to work on those lines before you file. Welfare of the child is of paramount consideration in such matters. Try collecting her work details etc. Good Luck ! Bharat Chugh Advocate Supreme Court of India/Delhi High Court

dr g balakrishnan (advocate/counsel supreme court)     30 October 2012

true, your concern on child is indeed welfare of child as father and it has to be weighed with the child's mother concern on chid and if yur concern outweighs then the custody of kid will be given to you but you have to prove to the court how much you are concerned.

court may ask a question when you a spouse how you did not share with the other spouse who wanted to be back in india, after spouse principle per hindu thought, the woman shall follow the husband  but thought has undergone a metaorphic changes of late, when woman is to work on a job . So it is vital both spouses mutually strike the balance. If husband does not have such a balance he should not marry a working woman. Here you committed great mistake as you are a domineering husband.

when you marry a domineerng woman then that kind of marriages cannot survive.Woman as a mother has a better concern than the husband per hindu dharma sastras.

So if you are really concerned of the child then there should be great give and take with other spouce. You should have agreed to otheouse's sensible wishes or desires. It seems she could not put up herself in USA, so she wanted you to be with her in india. She was not happy in USA and either you should have convinced her or just yielded and be happy to be back in india may be it may have been an economic disadvantage but married lives are not essentiallly based on economic advantages so it is a concern of family.But what i see here you want economic advantages and that way you did not compromise for having a sensible family. family never means economic advantages alone but love of family and in that way when looked in you realy did not have concern for family but you just want the child either at your custody or want to force your spouse to leave the job to take care of the child. 

So your concern on child is not adequuate as you really did not care family as such will be the likely court's view and that way court will say your spouse to support the child had gone for job and kept the child at the custody of her own parents. naturally parents of the girl/woman is the most trust worthy guardian.

so you are advised not to pursue, as your concern will not be treated very genuine by any court of law.

incidentally if you want to just fight you can fight, i do not think you will succeed. you will only waste your moneys on advocates/attorneys as advocates are not fact representatives as your own facts will be groundless. sorry you could have had a sensible family but for your adamance it seems! sorry. adv dr g balakrishnan counsel supreme court   of India.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 October 2012

Don't mind me asking so, what were you doing for two years and why this sudden love for the child.

 

However, Bharat has rightly explained the process about it. Just because the child is a US citizen, is not enough reason to get the custody of the child.

 

Regards,

 

Shonee Kapoor

3 Like

**Victim** (job)     04 November 2012

@ Surya here are the steps for tackling over child abduction issue,


https://travel.state.gov/abduction/abduction_580.html

https://travel.state.gov/abduction/solutions/solutions_3848.html

If you need help call me you have my number.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register