Mother abandones child for life abroad

Why cannot the judge check her passport stamps which will show when she is out of the country and when she is in UAE?Good luck my friend

Rigthly pointed out by Red. And this can not be objected as well :-)

Okay, Sorry for the delayed update and many thanks to those who responded

I turned up for the hearing and the judge said the court notice was returned as the addresee is out of the country....Judge postponed to 1st March

I sent a private notice which got returned the same manner. Now my wife wont obiously turn up for the 1st of March hearing as she is not aware of this.

Will the court agree for a paper publication next?

Will the case be decided ex-parte?

My son is without his mother or father and with my in-laws, and i cant do anything except wait?, burning inside.. Please help...

AKD

Welfare of the child is of outmost importance . you can very well project to the court that the mother has abandoned the child and is in the care of the grandparents . Welfare of the child first lies with the parents first and your right is above the right of the child's grandparents . File an application under CRPC 91 calling for her passort along with the entry and exit stamps copies and the work Visa stamped on the passport which would convey that she works abroad . 

Next project to the court that your wife cannot sponser a child in the UAE and only a father has a right to sponser the child in the UAE  only until and unless she is a teacher or a Nurse. Secondly she would not be in a position to look after the child in the UAE as she would have to hire a maid which would prove very costly . Try finding out her profession .Your chances are bright . 

Sir, many thanks for your response,

To file any kind of action against her, I need to get the notices served to her.

But all notices (court and private) are returned with the comment that the addresee is out of the country. Do I need to wait for the next hearing date to get this notice published in a newspaper (does the court need to order the same)

Please excuse my ignorance but will a Habeaus Corpus be a suitable recourse in this situation?

She is neither a nurse or a teacher but I dont know her present whereabouts in the UAE; she has taken extraordinary pains to keep it concealed.

As you said that your wife would obiously turn up for the hearing on 1 st of March hence this was my response else you would have to press for an ex- parte order if she does not appear .

The UAE consists of just Seven Emirates like sharjah , Fujariah , Ras al Khamiah, Abu Dhabi, Ajman ,Dubai and korfakkan When the visa copy is called for the stamp would show the name of the emirate mentioned and it would be in arabic 

Sir,

If she has not received the notice can I still ask for an Ex-Parte order?

Yes Sir !

That is something I am very worried about.

In my case whenever I take custody of my child, my wife comes from abroad and creates a drama in front of the authorities, takes him back and gives him to her parents and flies out in 2 days, a game of hide-and-seek involving a child's life.

The last time I took him when my wife was happily abroad, I was slapped with a 363 and made to sit on the floor with other accused when I applied for bail.

I spend 24 hours thinking about nothing else but this.

The delays are purely due to legal processes. I cant make her come to court because she is unavailable in her address to receive notices, I dont know where she resides abroad.

I have written to every single authority in India worth their salt and have had a few responses but nothing more.

What can I do ?

how can I convey this sense of uregency to the courts?

What legal processes can I invoke?

Will the court not consider time spent by my wife dodging the law ?

Please , please advice..!

AKD

The message has succinctly been given by Mr.Davessar.

It is very difficult to legally deprive the mother of child custody.

The case facts have been misunderstood.

The Child IS NOT IN THE MOTHER'S CUSTODY but with my in-laws

MOTHER IS WORKING ABROAD

@ Ajay- They have not been misunderstood. Your wife is using her parents as a shield to bolster her child custody claim. Hope you understand that.

I am sorry I do not understand.

Please please explain, my limited knowledge of the law is dealing me a hard blow.

Is the child's mother and her parents not different entities as per the law?

Is leaving the child with her parents the same as being there herself? will the law buy into that?

Is there any legal recourse / remedy to this ?

Thanks.

@Author,

I am not very sure but summons have to be served to the person in whose custody child normally resides. Probably you can serve summons to Father in law and mother in law and let the case begin.