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rajesh1971   26 September 2015

Child custody and manipulation

My issue is little bit complicated. I am contemplating to file a writ in my case, the judgement given was in a foreign country. My child was born there and a is a citizen by birth. Due unavoidable circumstances I had to come back to India. In my absence my wife's attorney had created such a story that the judge had given complete custody of my child. We both had joint custody, but i have conversations with her attorney and he mentioned so many things which are false.

 

1) I have the email's which her attorney had written to me can those be submitted in the case as proof of false accusations

2) My ex-wife keeps vising india without my knowledge and  does not bother to call me and let me meet my kid.

3) My repeated emails have been ignored, but i can find her online.

 

Is their a ground for the local court to intervene in this matter, as my rights of meeting my kid has been denied, also i would not ask for joint custody as sometimes my ex-wife need to sign papers for him in that country, or else she has to keep on taking permission from me, that would be troublesome for her. I would only ask the court to keep the custody as a temporary, if in future i go abroad i would re file for my rights. Thank You



 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2015

As U were divorced in a foriegn country why didn't U go for a revison or appeal in that country?What was UR attorney doing when the opp attorney submitted that story?

rajesh1971   26 September 2015

Please understand i had to come back due to my work issue and visa problems and my ex wife constant attacks by informing the visa department about my job status.. I have kept my child for almost 6 years and always excersised my vistation right's. I have many picture with my child too prove the same.

Now to your point i had attroney till i was there, but i returned i could not hire him anymore with the cost and expenditure.  I had myself written a document and send to the concerned judge ut he never looked at my explantion.... Here is an interesting case which i had googled and did download the judgement.

https://www.ndtv.com/tamil-nadu-news/minor-child-custody-us-court-judgement-not-binding-on-woman-1205308

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2015

Yes just now I have gone through.The Madras HC says the Judgement of the court of california is not conclusive and binding on the mother

Have a Heart Foundation (Sales & Mktng)     06 November 2015

https://ecourts.gov.in/sites/default/files/Parenting%20Plan(final).pdf

Kindly download this shared parenting plan from the family court mumbai website.


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