Cn the wife take my child awy to anthr country wthout my con

please take legal action otherwise she will take the advantage of law.

I understand that sir...but I want to know what are the steps that I need to take in order to prevent her from doing that. For e.g

1) Should I write to a nearby police station

or

2) Should I write directly to the US consulate

These are the only options which come to my mind. I need the exact guidance in terms of steps to be taken to prevent that from happening.

just as she has take away your kid.You also go and  take the kid away when he is goig to school .But ensure that you are in good postion to look after him with help of ur relatives.Inform the local police station at her place that u are the father and u are taking ur son to ur place in writting.Take help of ur fathfuls.

1.  you have to file a case for custody of child under Hindum Minority and Guardianship Act, 1956.  In that, you have to file interim application seeking visitation rights of the child.  As the child is just 2 yr. old, the mother is the natural guardian and you will not get custodial rights, but you will get visitation rights.  But for gettting visitation rights also, court will take some time and she may leave the shores.  Hence, you have to file an interim application seeking an order prohibiting her not to leave the country and impounding her and child's passport during the pendency of the case .  This application will be dealt at the first instance.

2.  You can write to passport office refusing to give consent to the child to be taken abroad.  If you get any adverse decision from the passport office, you can move the High Court under writ jurisdiction as was done in the case of "karishma Kapoor".

I have given this legal advise as you said that you love your child so much.  I hope you will not misuse your child as a pawn to harass your wife and to put obstructions in her personal career development and to take revenge against your wife.

wish you best of luck.

dear ajinkya

i am v.sorry to know abt u.i want to know if you have got any visitation rights from court.

if yes,plz go thru this link where a wife was reprimanded strongly by the court for not letting her child meet the father.

show this to your lawyer,so that he proceeds accordingly.

https://www.lawyersclubindia.com/forum/Re-Mum-can-8217-t-prevent-dad-from-meeting-their-child-26904.asp

Dear Ajinkya

Just follow Prabhakar  advise .And also refer this link that Roshni gave

https://www.lawyersclubindia.com/forum/Re-Mum-can-8217-t-prevent-dad-from-meeting-their-child-26904.asp

https://www.bangaloremirror.com/article/10/201011102010111005273150984689fd0/‘Mum-can’t-prevent-dad-from-meeting-their-child’.html#ftr2

https://lite.epaper.timesofindia.com/mobile.aspx?article=yes&pageid=2§id=edid=&edlabel=BGMIR&mydateHid=10-11-2010&pubname=&edname=&articleid=Ar00200&publabel=MM

In your case the child is just 2 yr. old so file an interim application seeking an order prohibiting her not to leave the country and impounding her and child's passport during the pendency of the case .

Thank you Mr. Prabhakar for such a detailed response. As a matter of fact, my wife has been using my son as a pawn to draw money from me. I am currently paying her an interim maintenance (as directed by the trial court) of 25,000 INR via the DV case...even though its getting heavy on my pocket. The case is still going on.

Moreover, in the DV application, she has falsely mentioned that the father has threatened to kidnap the child. I never would do such a thing. The only thing I want is that I want to meet and spend time with my child.

Thanks again...

" the mother is the natural guardian and you will not get custodial rights"

- mother is natural gurdian upto a specific age after that father will come into picture.

if mother's act are detrimental for the child you will get custody of the child - whatever his/her age is.

" The only thing I want is that I want to meet and spend time with my child."

you pray for visitation right to the child, as it's father. that will be a legal step.

" 1) Should I write to a nearby police station or    2) Should I write directly to the US consulate"

" 2.  You can write to passport office refusing to give consent to the child to be taken abroad."

-  you may try it, no harm. from practical experience i know that it will not be effective because taking any action, they will seek court's order from you. without court's order, one must not be deprived from her rights.

ultimately you have to go to court to establish your right. otherwise let it go - as it is.

File an interim application under section 26 of Hindu marriage act. mentioning that you need an access to the child. The Hon'ble court will grant you the permission. 

Your wife cannot take your child out of this country without your permission. Only in case your child is not having a passport. if he is having a passport you need to immediately take a steps and approach the court in preventing your wife taking the child out of the country. 

Make this also the part of the prayer you do in Section 26.

Regards,

Vivek

Vivek joshi's advice does not appear to be correct.  Section 26 of HMA application lies only when there is a main case pending under this Act.  Kindlly read the first line of Section 26, which says - "In any proceeding under this Act".

So gentlemen...let me summarize here a bit:

I am going to do the following on immediate basis:

a) Write to the local passport office asking them not to issue passport to my child in case my wife puts up an application forging my signature. I will state the reference of the ongoing 498A and DV cases pending in the trial court

b) Also write to the Immigration Officer (Mumbai) asking them not to grant any visa to my wife & child in case they approach for the VISA to exit the country.

Should i file an NC (Non cognizable) in the nearby police station stating the my wife is staying away from me for the past 2+ years and she might take away my child out the country???

PLZ GUIDE..!!

Dear Ajinkya,

last month there was a similar case in which Mumbai High court Divisional Bench passed an order allowing the mother to take the child to Australia. In this case the Mother who was divorced and the child was in the custody of the mother. The Family had separated out for more than 3 years. Father filled a similar case to stop the mother taking the child to Australia. The mother contested the petition and mumbai high court held that the mother should be allowed to take the child, as putting conditions on the mother to stay in India will hurt the right to earn.  The Mother was allowed to take the child and father had the visiting rights. It was also held that the father has been staying away form the child for more than 3 years and by this he has been habbituated without living in the company of his child.

As mentioned in my last thread you can apply for visiting rights under section 26 of Hindu marriage act, by this way you will get the visiting rights of the child, however since the child is less than 5 years the custody of the child will be awarded to the mother as his rights and requirements are different at this stage.

From your message it is clear that you are loving father. Please explore the chances of re union with your wife. It will be a better solution. But as you are going through these conditions, you will be the best Judge of the situation and the other people can only guide you.

Some time you need a third person to help you walking the other side of the bridge. If possible take the help of Marriage Counsellor.

I wish you all the best .

Regards,

Vivek