I am Parvesh (Delhi local) 34 years old from Delhi. I am married to Tanima (Bengali Girl) in May 2006. In May 2014 Tanima left me by saying that she is going to her parents house in a village near Kolkata during children summer vacation. She took my children (Himanshu – Son – 9 years old, Srishti- Daughter – 6 Years old) with her. My mom went with her to see off her till her parent house. After two days, she told me that she will never come to me. I was shocked hearing all this. I tried to convince her by all way but she did not agree to live with me. She told me that she want to do acting n modeling in Bengali tv serial. She is in influence of some outsider people who promised her to make her actress.
But she told her parent a different story that me and my mother did violence with her and demanding dowry. So her parent understood me and my mom as guilty. So they helped her by keeping her in their house for some months.
In between, she used to go out in approx. 2 PM in afternoon and came back in 10-100 PM in night (please note this is a village area) for searching modeling and acting job in Tollygunge Area. Now she was using to wear unfair type clothes for getting chance in tv serial. By seeing her in this look, she got bad name in her village area.
When me and mom went to her house for solving the matter (October 2014), she and her father mother did violence with us in night and throw us from their house. Me and my spent that night on the road in an unknown area. We filed a complaint in local police station and advised by police official to get medical treatment.
In November 2014, I sent an advocate notice to her by stating that come back to my house in Delhi.
In reply, she filed case on me U/S 498A/406/323/506/34 on me, my mother and my 3 sister. Her witness are: her father, mother, sister, my 9 year old son, her maid servant. She also filed an FIR U/S 156 for previous mentioned IPC.
In January 2015, IO called me and my mom to police station (Jagadishpur Village). We went to him and gave our statement. He also told that he know this is a false case.
The mentioned case is going on. Suddenly, her sister called me in February 2015 and told us that my wife has gone away with my children from her parent house with some other unknown person. They do not know where she has gone away. She told us sorry to help her sister. She also told me to save my children from my wife otherwise she will spoil future of children. She and her father stated that they will support me only through phone but they denied to go court for supporting me. They also got frustrated because of Tanima they also got bad impression in their village.
Now none of her witness is with her. The status of case (she filed on me) as under:
1st 4 dates: Examination of SA
5th date (april 2015): Show cause notice by petitioner
I have enough proof for defending myself from above IPC. (even in case her witness support her)
NOW MY ONLY CONCERN IS TO GET BACK MY CHILDREN.
Now my questions are as under:
1). How to get back my children when I don’t know where my wife has gone? (Means after filing a case for child custody, printing ad in newspaper for lost children) (Or filing case on wife for unlawful act of taking children with her while I am also lawful father of children)
2). As her sister stated to save my children from my wife (Phone recording available), now I want child custody. So viewing of above mentioned case, is there any chances to get child custody?
3). This is lawful that she can have my chidlren with her. But without court order she can not take away my children anywhere. So Can I file any case against her in this matter?
4). From where, I have to file child custody case? (Means Delhi or Howrah Court)
3). My wife’s parent says that they will support me. But they will not go to any court. How can I get their support and statement?
5). How many IPC are applicable on my wife. i.e. for cheating, abusing of marriage, misleading of court by giving false information, MAANHAANI for filing false charges on my sister and other means
Thanks to all respected lawyers.
