Hi All,
First of all, thanks for the fantastic work on this forum and to all you broad-minded thoughtful people inclined to help those in legal need / pain.
Special thanks to Mr. Shonee Kapoor for being a guiding light in the darkness!
A few brief facts about my case:
I married my wife on on 04.09.2008 as per Hindu rites ; It was a love cum arranged marriage and our son was born on 02.09.2009. After marriage, we were living in Dubai in the United Arab Emirates.
Due to ego and other things, misunderstanding arose between us and when all attempts at reconciliation failed, we separated from each other on November 2011, and an OP for divorce was filed before the Family Court at Chennai by me and the same is still pending judgement.
My wife was living and working in Abu Dhabi in the UAE as of February 2012 while I was having custody of my child based in Chennai.
After several attempts, relatives managed to point out the need for my wife to live with her son after which my wife moved to India in March 2012 and I agreed for my wife to have custody of our son for the sake of his well-being.
Contrary to welfare of my son, and missing the joys and liberties of living abroad, my wife abandoned our son and left India for the UAE to take up employment around August 2012.
There is no body, well eqipped, to take care of the child as my mother-in-law is a full-time Government employee, my father-in-law is a business man and my sister-in-law is not mature enough to hold maternal responsibilities.
I heard through common relatives that the neighbours and other people were taking care of him, taking him to school, etc.
I tried many times through phone, visits to meet my son but ended in vain.
In in the above situation; I took custody of my son on October 11th 2012, following which I sent a legal notice, through my counsel, to my wife's father, and the inspector of the police station where my in-laws reside, dated 17/10/2012, informing of my intent to have custody of the child due to the absence of the mother from the country.
On hearing this, my wife arrived from the UAE and filed a case against me under section 363 I.P.C and recovered the child forcibly using police force on 19th October 2012. (4-5 cops came banging on our doors).
The police either through ignorance or undue influence filed a kidnapping case against me though the law is clearly of the opinion that the father of the child cannot be charged under 363 for kidnapping.
The inspector of police demands 35,000 INR (negotiated from 50,000 INR) to close this case where I was alleged of kidnapping my own son.
Following this, I filed a complaint before the State Human Rights Commission (SHRC) alleging false implication, police high-handedness, and corruption on 30th October 2012. The same had been awarded a case number and is pending investigation.
My wife’s family along with the collusion of the local police in her home town influenced press news in various Tamil dailies, alleging kidnapping of the child by the father. My wife has also distributed this information (press releases) to all known common social contacts (friends, ex-bosses, etc).
This news was printed in two leading Tamil papers.
This has also been referenced in the complaint to the SHRC.
After recovering my son in the said manner, my wife returned to work to the UAE in the next 2 days, again leaving the child again with her parents.
Every time I try to take custody of my child / meet my child, while the my wife is working in the UAE, she would arrive from UAE promptly, convince the authorities by creating a drama, re-claim custody and handover the child back to her parents playing a game of hide-and seek with everybody.
Whilst my son is growing up like an orphan, My wife will not look after my son neither does she let me.
I am there to take care of his every need and love him but the legal systems in place are, as other's noted, not sensible in its approach.
I have filed petitions for custody of my son as well as interim petitions for custody. I have also filed a petiton to prevent my wife from taking him out of the country which she may well do so just to prove her ego and leave my son with a baby-sitter.
These are all pending hearing.
I am now on bail by furnishing two sureties worth 50,000 INR; (Side note: whilst surrendering at the court; I had to sit on the floor with the other accused) for kidnapping my own son.
Even the goddam FIR and complaint states that my wife is working abroad and in the UAE.
My queries to the learned counsel here are:
1. What else, besides the SHRC (State Human Rights Commission) complaint can I do to make sure these erring police officials are brought to task?, If I go to the DVAC (Directorate of Vigilance and Anti-Corruption) will there be any retribution from the police, (I was asked for the bribe through phone but I did not record it )?
2. When my custody petition comes up for hearing this December; Do I have a fair chance of getting my son (based on your vast experiences) ?, I have put my life and career on hold for this and it would help me tons if you shared your opinion.
3. Will the court bother to look at the immigration stamps on my wife's passport as thats the only proof I have of her disappearing act?
4.Can I file for defamation (by the police / my wife's family) ?, The press news came on three days in different papers and all of them carry news that that it was the father who kidnapped the child and that the mother is working out of the country, Can the press be influenced / be be so stupid?
Is it better to do this after the FIR (363 IPC) against me is quashed (this is the next course of action)?
4. Will courts award interim custody to me as the mother is employed in the UAE (her work permit in the passport will prove this) ; I need to get my son out of the dingy school he is in and put him in a proper one ASAP.
5. Will the fact that my son is studying in pre-kg in a school in my in-law's town affect the interim custody decision? (i.e. court not wanting to disturb the present setting)
6. Can my wife claim in court that she is from a poor family and hence has to work in the UAE to support my son? Though untrue, is this a valid reason based on your experiences and will the court accept this?
Any other steps / advice that I could take to expedite this,
Thanks for your all your help,
Regards,
Ajay
