Yes Sir !
I just heard of this option from another source as well..
That seems like a bit of light in this darkness,
and many many thanks for this enlightening suggestion.
Will proceed as advised
Thanks
ajayKD (Client) 07 January 2013
Yes Sir !
I just heard of this option from another source as well..
That seems like a bit of light in this darkness,
and many many thanks for this enlightening suggestion.
Will proceed as advised
Thanks
Never Give Up (Fighter) 07 January 2013
You are welcome, I am just like you fighting for my little angel's custody..exploring avenues to meet the kid often (legal ways,non legal ways) and trying to keep the emotional bond with kid alive till the time custody matter is decided..
ajayKD (Client) 07 January 2013
I sincerely hope and pray that you get what your heart desires and that you and your little one are united for good.
I love the way you called your child a little "angel" coz thats just what they are.
All they want are their parents love not the CPC, CrPC, petitons, respondents and what nots!
Just typing this has my eyes swelling up with tears...
anyways as the Spartans say..
E TAN E EPI TAS... either come home with your shield or upon it.
I wish you the strength during this journey and will see you victorious of the other side.
Good Luck and Godspeed
ajayKD (Client) 14 January 2013
update :
Gents / Ladies, a speck of light in this omnipotent darkness...that quickly went out again...
A quick update, I met a very senior counsel, who with my experiences to date, shares a spirit and passion for his practice.
He suggested going ahead with a Habeas Corpus, with other members of the family as respondents, as my wife, you may recollect, was unavailable and my son is (was) being illegally detained by my in-laws.
The HCP came out beautifully, perfectly portrayed the present state of affairs and I was hoping the Lordships' see the merit in it and accept the same.
Meanwhile, this AM, A blow out of no where...I find out my wife's already taken my son (15 days agoo) and they are now in the UAE!
It was like being rammed by a ton of bricks!
Anyways, the child is atleast with the mother
Will I ever get to see my son again?, How can the court enforce visitation rights in these circumstances?
Day before I flew down dropping all business to get this sorted.
Just yesterday, I just sent a DD to my Father in Law for my son's expenses thinking my son was with him..
My FIL must be laughing at me considering how naive I am.
I also paid the counsel for his work.
I was sitting by the beach this evening by myself and I really felt like taking a long long walk into the sea...
I don't have much energy left !
stanley (Freedom) 15 January 2013
Dont lose hope . Your Son must be just on a visit visa for a few days . You can still get visitation.
Try finding out from his school in india if he is on vacation . Next in case she has put him in the school in the UAE but natural they would be down for vacation . Hence during that period you can ask for visitation .
Life is precious and there is no need to take a walk into the sea . It so happens that when you are down you dont have strength in you ,prayer is the answer to this and you will gain back your strength .
Never Give Up (Fighter) 15 January 2013
Just my thoughts , can you follow your wife to UAE by taking up some jobs/business and start litigation there ??
Ending life is not a solution to this problem, who knows 3-4 years down the line your wife may find some one and hand over custody of your kid to you..
Think in this way , its matter of months or probably couple of years since you can not meet your angel, but if you take a walk in to sea your little one would miss you for entire life ..
God has its own way to show that he exists. Keep believing in god.
Believe me you have to have a nerves of steel to fight custody cases where emotional torture is at its peak. This is my personal experience with my battle for custody.
rajiv_lodha (zz) 16 January 2013
Just a thougt.........If the child returns here for school & father somehow manages to pick him up from midway & keep him with him, nobody can charge him wid KIDNAP CASE
ajayKD (Client) 16 January 2013
Deal All,
Thanks for your comments and kind words.
Your responses are powerful and show how a community of people, strangers even, can help and comfort one another, with a common ailment.
Kudos to you guys.
I spent two days by myself and am all the better now to continue the battle.
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@rajiv_lodha :
Been there, Done it!
Took my child from in his school, even "in my wife's absence" from the country and was charged with section 363 IPC and am now out on bail, some idiotic Inspector of Police obviously thinks its right to charge a father with "Kidnapping" his own child!.
"Never argue with an idiot; he will bring you down to his level and then beat you with experience !!"
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@Never Give Up:
This whole plan was crafted with such mastery that you will have a hard time believing it.
In November 2011, I left UAE with an agreement with my wife that I would return back to the UAE after arranging some funds that I had to repay in the UAE as debts / liabilities.
As soon as the money was ready, four months later, my wife refused to help with the repayment and purposely defaulted and as a result I was blacklisted and now cannot enter the UAE.
She wanted to create a safe haven for her, a place where I could never come back to.
Now, I am presently working with my friends, bosses, ex-colleagues in helping me settle the liabilities but its taking time as I have to give Power of Attorney to all those negotiating and paying on my behalf and favors such as these are hard to receive.
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@ Stanley:
I do hope your words ring true and my son does come back to India after a few days.
Fingers crossed...It’s been blow after blow and optimism is at an all-time low.
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Spoke to another fellow-LCI inmate this evening; heard his story...another classic victim...felt sorry for him...but looks like this phenomenon is pretty universal...which means that there are far bigger underlying issues that needs to be resolved by society and the governing laws in general.
Till my next update; do take care and I wish you the strength in your battles.
Ajay
Never Give Up (Fighter) 18 January 2013
I am not sure but can we make use of Indian Embassy in UAE to find out your wife's whereabout and serve summons..
Check this link for more details
https://uaeindians.org/registration.aspx
ajayKD (Client) 30 January 2013
Okay Everybody,
Here is an update, An Habeus Corpus Petition (HCP) was presented before the High Court in Chennai and was dismissed by the two bench Lordships.
They (Lordships) asked me to seek redressal through the GWA act, as a custody petiiton was already pending before the Family Court.
The Judges also said that their interference may voilate the authority of the lower court.
So thats a dead end as well.
However, my advocate fought really well and deep down though I am not happy; I am satisfied that we gave it our best.
The Judges also however recommended that certain averments which were mentioned verbally, if included in the petiton, might have piqued their interest.
So, as a last ditch attempt, since I have nothing to lose, We are re-presenting this with some modifications again on the 4th or 5th Feb tentatively.
Should that fail, then its upto the GWA and Family Courts for remedy..which as we all know the consequences only too well.
"A child of a tender age...needs the love and care that only a mother...." whatever !
The Judges suggested using "substituted service" to serve the notice if the respondent is absent from the country.
Anyways, the child is with the mother, I hope she keeps my son with her instead of abandoning him once more with my in-laws.
Will keep updating as I progress or fail.
On a side note:
If I write my heart out in a letter intended for my father-in-law of what I really think of him (which unfortunately will involve a lot of expletives) and post it ON MY facebook page , can I get sued or face legal repercussions?
I mean, he's ruining my life and I can't do anything about it. Can I do this to feel a little better about myself.?
That I am not a useless idiot that he is making me out to be? Just beause he lives in a country with women-centric laws, he thinks I am losing.
Just last week, he returned a DD sent for my son's expenses. Not only that, he had the audacity to write back with words that stung me.
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Thanks Counsels, gents and ladies for your continued support.
For other fathers in the same dilemma as me, Chin up and be strong..The true love that you have for your child will never fail.
Ajay
Never Give Up (Fighter) 31 January 2013
My best wishes are with you for your next hearing !!
ajayKD (Client) 31 January 2013
Thank you !