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SGCT350 (Finance)     30 January 2012

Need help : maritial problems

Dear Friends,

I have been married for last 3 years & also have a 11month old son. I have not been very happy or content with my married life. I had thought about going for divorce in the past, but somehow my wife was never interested in giving one.

 

For the sake of kid & parents i continued the relationship. I love my son a lot & want to give him all the happiness he deserves. I have decided to take my son with me & settle abroad. I dont wish to inform my wife about this, & for all practical purposes one can call it being "Dumped". So there it is, i dont want to divorce her, but just dump her. The pain & agony that i have gone through to put this relation together is beyond this thread's capacity. I dont want people here sugessting me to go for a counselling or reconsider my decision.

 

I have made up my mind & wish to stay a seperate life with my son. Here is what i would like to know:

 

  1. Can there be a criminal case against me if i take my son & settle elsewhere?
  2. Will the child custody come into picture even though we are not divorced?
  3. I dont wish to remarry, but just want time off from my wife. I am sure i am capable of taking care of my son all by myself & finance is also not a problem.

Now what i like to know is, is there something wrong with this idea?

 

Any help will be greatly appreciated.

 

Thanks in advance.



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 January 2012

Your wife can file a criminal case agaist you alleging that son is kidnapped etc., She can ask for the custody of the child.

It is better to discuss with your wife and come to conclusion.

1 Like

SGCT350 (Finance)     30 January 2012

How can i kidnap my own son? Am i not his natural guardian?


(Guest)

You can settle abroad in a such a way that nobody ever comes to know about it not ever your parents.
First thing is that your parents to DISOWN you so as your wife cannot harm them in your absence.

Once this is done by advertising in a local newspaper, you can abscond but YOU ALSO NEED TO BE CAREFUL THAT YOUR WIFE CANT TRACE YOU, IF SHE TRACES YOU, SHE CAN FILE CRIMINAL COMPLAINT AGAINST YOU HOWEVER EXTRADITION IN FAMILY DISPUTES IS NOT POSSIBLE.

ARE YOU SMART AND SHATIR TO TAKE THIS STEP?

Shantanu Wavhal (Worker)     30 January 2012

i dont want to divorce her, but just dump her

nothing called ''Dumping a wife'' exists in law; hence is illegal & immoral too.

 

 

  1. Can there be a criminal case against me if i take my son & settle elsewhere?

Yes. DV & 498a are not that easy to tackle.

 

  1. Will the child custody come into picture even though we are not divorced?

Yes, taking 11 yr. old kid, away from a mother, without her consent is cruelty.

  1. I dont wish to remarry, but just want time off from my wife. I am sure i am capable of taking care of my son all by myself & finance is also not a problem.

u may file for JS; provided u have sufficient grounds to do so !

 

 

10.       Judicial separation

1[(1)     Either party to a marriage, whether solemnized before or after the    commencement of this Act, may present a petition praying for a decree for judicial separation on any of grounds specified in sub-section (1) of section 13, and in the case  of a wife  also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2)       Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Shantanu Wavhal (Worker)     30 January 2012

to avoid further complications, never think of absconding with the kid, keeping ur wife in dark.


MANISH NARANG (LAWYER)     30 January 2012

HELLO DEAR,

 

AS PER YOUR QUESTIONS I AM GIVING ADVISED TO YOU, CONSIDER IT..

1. IT'S A CRIME IF YOU TAKE YOUR SON AWAY WITH OUT THE CONSENT OF YOUR WIFE. BUT YOU

     CAN DO THIS IN LEGAL WAY ALSO. SO WHY ARE YOU THINKING OF RUNNING.

2. YES YOU CAN CLAIM THE CUSTODY OF YOUR CHILD ONLY WITH THE HELP OF LEGAL BATTLE.

3. YOU WANT TO REMARRY OR NOT IS NOT THE ISSUE.

    BUT IF YOU WANT TO REMARRY THEN YOU HAVE TO GIVE DIVORCE TO YOUR FIRST WIFE.

 

SO FRIEND THERE ARE MANY LEGAL WAYS TO DROP YOUR WIFE, IF YOU ARE REALLY FRUSTATED

WITH HER. AND U ALSO CAN GET THE CUSTODY OF YOUR CHILD. AND MAKE HIS FUTURE.

 

( IT IS NOT APPROPRIATE TO DISCLOSE ALL THE THINGS HERE IN THIS OPEN SITE)

SO IF YOU WANT ANY FURTHR HELP YOU CAN SIMPLY CALL / CONTACT ME, EVERY BODY IS HERE

TO HELP U.

MANISH NARANG

ADVOCATE

DELHI

09891009191

SANJEEV MALHOTRA (MO)     30 January 2012

see this .

https://www.employeesforum.in/father-can%E2%80%99t-be-tried-for-abducting-child

 

Crl. Misc. No. M- 16787 of 2010(O&M)
DATE OF DECISION: December 1, 2011 by Mr. Justice Ranjit Singh Pb Hy HC

1 Like

Shantanu Wavhal (Worker)     30 January 2012

@ abhijit Mapatra, 

 

kindly start new thread.  dont mix 2 dueries together

SANJEEV MALHOTRA (MO)     30 January 2012

see this .

https://www.employeesforum.in/father-can%E2%80%99t-be-tried-for-abducting-child

 

Crl. Misc. No. M- 16787 of 2010(O&M)
DATE OF DECISION: December 1, 2011 by Mr. Justice Ranjit Singh Pb Hy HC

Judgment holds that father can not be accused of abducting his own child and relates to the original thread .

1 Like

(Guest)

 

 

@ SGCT350

1. I have personal experience in child abduction prevention motions at State and Federal courts in the USA and  have personally attended over several hearings of child abduction/parental kidnapping accusations and in most cases the foriegn courts dont care for the Indian court judgements when it comes to the matter of children unless the courts find that the childs habitual residence is in fact India. 

2. With due respect to Sanjeev Malhotras research and reference of a judgement as recent as Dec 2011, foriegn courts can acquit one or even both parents from kidnapping the child, depending on the situation, custody situation, family law case status and several other factors.

 

3. First question - which country are you planning to go to ?  In US, infants if the child is still breast feeding, then  most likely the mother gets physical custody and the other parent will get visitation rights. Also, you may want to consider your capabilities to  care and nurture   a 11 month old baby, manage a full time overseas job. If you have made up your mind to leave the country with the child, you are probably not fully disclosing your motives and planning that has already been carried out.

 

4. You are better off retaining a counsellor and a "decent Advocate"  ( someone who can write more than two lines on LCI and can provide more than just quote Indian Act.) 

(a) Why a counsellor?  In almost all countries such as US/Canada/Scandinavian/European, you will find that a Counsellor is automatically  involved in a divorce case - In your case , involving a counsellor is not to fix your marriage but for you - to be able to handle separation, "dumping" and most importantly, raising a child in between the separation and divorce proceedings. This is a goodwill move and may  protect you from going behind bars.  If you were in the US and posted something like this on any US based internet forum, you would have been behind bars by now and potentially lost 100% of custody with NO visitation. Pretty serious when it comes to parent planning to abduct child. 

 (b) Why Indian Lawyer ? The Indian lawyer would be very useful for you to "port your case" over to the destination country and although the destination country may not( will not) honor the Indian court judgments, the fact that you have retained an attorney in India BEFORE leaving the country will show goodwill and also compliance with laws.If you are caught overseas while travelling with the child, say you are drunk at a bar or some other issue which doesnt go with child safety, the foriegn authorities may separate the child from you - your Indian lawyer may be able to get the child back to the mother pending legal procedures. 

5. The potential foriegn salary and oppurtunities that you may be able to provide the child may be looked upon by the courts ( India potentially, definetly overseas courts) as something in the interest of the children and if you move the foriegn courts, you may get an ex-parte 100% legal and 100% physical custody order. With that order, you may be able to develop a strategy to "dump" your wife and "abscond with your 11 month old".

6. I have drafted a 20 page long parenting plan which you can use to further protect your childs interest and score goodwill points as you develop your plan. PM if you want a copy. 

7. Lastly, it is obvious that you are come from a well to do family , financially well off, good job etc. You are not someone who would you lay the foundation of your own economic ruin ? Your post appears to have an element of deception - just my opinion -  Why dont you tell the whole/real story ? 

No father, in their right minds would plan to abscond to a foriegn country with a 11 month old ? There is more to this than meets the eye.

 

1 Like

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