Ex husband fled to us with my daughter

Hi Experts,

On your  expert advice I engaged a lawyer and filed for Habeaus corpus in Mumbai High court stating that my child and her father should be produced.. The notice was served to  my ex husband ( from whom I am legally separated).. The notice went to his address and came back saying that the He is in US... Then my Habeaus corpus was rejected on following grounds:

 

1. Since we know that he is in US, Habeaus Corpus is not valid. ( I found this really strange because  his family could very well be lying about it or he would have been in US on that day but we have no idea where in the world he is now, secondly he could be in US, but my child could ahev been anywhere in India).

2. He has the custody of the child..

It was adviced that we should go to family court and seek  its help in teh case.. So we are back to square one.. We are back in family court and have submitted an application to give orders for the production oft he child..

Please advice on:

1. Was the Habeaus corpus rejected on proper grounds?

2. what should be my next course of action.

 

Thanks a lot

ABC

Greiving Mother

 

Exactly that is what I said earlier in so many large size replies to your this thread post detailing Indian Law and US Laws in much larger Igyan ways than what was needed to reply to your main merit question and also said how a HCP will be dismissed, you ought to re-read my replies one by one again. Also it amuses me to know someone is guiding you to go back to Family Court again when your mutual consent divorce already has happened. Tell that great personality that once Divorce happens in a Family Court and when now any agitation is done it is done before Division Bench of State's HC and not in a Family Court !

But what pleased me more is the speed of Hon'ble Mumbai HC taking cause title and dismissing the same having no merits.

Hi Tajobsindia, Can you please elaborate ??

What did you say earlier??

And what can I do now?

 

Thanks

ABC

HI Tajobsindia,

Not someone but the HC bench only advised me to go back to family court.. Actually the custody battle is going on in family court..

The HC advised me to go back to family court and ask them to produce the child and then may be come back to them if no remedy is available...

My custody battle was going on when my ex husband fled to the US.. He did attend some one the court hearings and my daughter was undert the jurisdiction of the court.. So isn't this the courts responsibility to do anything about  it?

We all know that the court have great powers if they want to do soemthing..

I ahve filed an application for the production of child in family court.. Supposed I get that order and that order is again contempted.. What then?? Can we then go  for Habeaus corpus again??

Hi Team, Dont you have any suggestions for me?? please show me a way.. I need some options.. what should I do next?? There has to be some remedy.. Can someone please guide me?? Thanks ABC