Husband moved out with child

In order to start with something you have got to know where your husband and kid live and tryto sort it out . Alternatively you may have to file a FIr that your husband and son are missing and let the cops do the work of tracing them out .

yeah in case of divorce too to nobody can deny you visitation rights and you can try for joint custody 

Dear Querist, 

1. Register an FIR about your husband and daughter missing. 

2. The MoU that you signed with your husband is not writ in stone, and can be revoked at any time. As a mother you cannot give up on your child even by your own free will. 

3. If your husband still detains the child - file for a custody/guardianship petition.

4. Be Financially strong first - file a maintenance case against your husband.

5. It is commendable that you are trying to reconcile and not filing 498a/406 cases. Get in touch with your state legal services authority - who shall help by arranging a mediation session with your husband and giving you free legal aid to contest if he does not oblige. 

Good Luck !

Bharat Chugh

Advocate Supreme Court of India/Delhi High Court

1. In the light of the parameters summarised by the American Academy of Child and Adolescent Psychiatry and recognised by several Indian Courts including Hon'ble SC viz., attachments, parental alienation, education, parents' physical and psychiatric health (i.e. Dx PPD natural mother), parents' work schedules, parents' finances, styles of parenting and discipline, social support systems, I am of the considered view that the natural father satisfies the above parameters which are predominantly considered under S. 17 GWA "welfare of the child" more than the natural mother as per the narrated facts in this thread post.

2. Therefore, in my considered view, the natural father is entitled to permanent custody of the minor child. As shown by recent events natural mother suffering with extended PPD stands at a bar for the overall well being of the very minor child in question and has to be seperated hence she should be denied visitation of the child till child reaches adolescent age.

It is open for the natural mother to claim custody once child reaches adolescent age.

3. No matter you being wife in a subsisting marriage has RTR (right to residence) which he and his side of family have not denied to you and you have to be thankful to your husband / in-laws that after eventful constructive desertion once you returned back you have not been thrown out of the matrimonial home.

Rest you can try your luck with assistance of an skilful petition writer and place your legal claims for child in a appropriate Court of Law but as far as my views are concerned I stated denial with reasoning as in my above para 1 and 2 being based on several decisions of Indian Courts on PPD read with your peculiar spelled out facts and I have no place for sentiments and emotions when matters of family Law are to be plead / suggested as legal advise.

Thank you Mr. Chug. Your suggestions are very prudent. Please excuse my ignorance, but who is "state legal services authority"? I am keen on solving the matter amicably.

Dear Tajobsindia - I respect your views and understand that in these matters it's facts and not emotions that work! I keep my faith in HIM and will hope for the best. Thanks once again for alerting me and better preparing me.

@AMS,

Yes. I also do agree that the advice of Mr. Bharat is not only prudent but also adorable.  And also Mr. Stanley's comments are appreciable.  "State legal services authority", as Mr. Bharat described provides free legal aid to the eligible personnel which include women like you and also hold mediation sessions to resolve the disputes amicably between the parties.  Every state has got its legal services authority normally attached to High court and further it percolates to District level and called as "District legal services authority" attached to normally District court.  Here you can get free legal aid as well as advocate, if you are not in a position to afford.

As there is no divorce decree passed by any competent court, as you rightly observed yourself, you are a legally wedded wife and is entitled to stay at the matrimonial home, irrespective of the fact that after your entering that place, your husband has left that place along with the child.  In the similar vein I say that as there is no permanent custody order in favour of father, you are also equally entitled to have the company of the child, in other words, the child has got the basic right of having the company of father as well as mother till any  court order changes the situation.  I also suggest that you should not take so seriously about your written undertaking about voluntary abdicating the child's custody / visitation rights.  As rightly suggested by Adv. Bharat, it is "not writ in stone". 

Warm regards.  

@ Mr. Stanley - Many thanks for responding!

@Adv. Chandu - Thank you for the response and clarification.