Hello There,
I seek your advice & help in here, I & my wife both are indians by birth & are permanent residents in North America. We had our first baby in the month of Dec 2009 in order to take care of my wife her parents visited us in abroad while she was in her family way.
On birth of our baby we were very happy & excited that was very short lived due to smoking habit that my father(He is a chain smoker) in law has we have had lot of issues since i am allergic to smoke & more over during winter season in the North America most of the houses do have furnaces running in order to keep the house warm. Due to this any smell or smoke with in the house would circulate & would smell the entire house.
Due to this i & my wife had issues it became worst since my father in law would not stop smoking this really irritated me since we had a small baby that would inhale all the smoke that is not good for young one who was just 3 dys old in the house. Because of this i have had rough discussions with my father in law & did not get resolved.
It blew up since i was not comfortable having him in the house since it was affecting all of us in the house because of his smoking habit. So i asked my father in law & mother in law to leave back to India while i said so with out my knowledge my wife booked tickets to India along with the kid with out my knowledge she got passport for kid & also indian visa to travel with the kid(with visa valid for one year).
So they left sometime last year & now it is more than year by now she is refusing to come back & more over she has put me thru very bad ordeal & also she is keeping the kid illegally in india since my kid's visa has ran over its validity period. During this period she demanded money where in i have already given her about 3Lacs indian rupees for last one & half years by now.More over she has collected maternity benefits from the government of the country where she lived before she left (close to 10 thousand dollars) & also filed Income tax with out being resident in the country.
I visited india late last year to celebrate 1yr birth day of my kid where in my wife promised me that she will come back after birth day. When the day came to come back she flipped & said that she is not coming back & does not want to live in North Amercia.
Now the situation has got to worse that she does not show my kid to me nor she is taking to me there are no correspondence in any form. I would like her to get back along with kid. Can you please advise me if it is legal to have a kid born in other country( having a passport of the other country) to stay in India after the indian visa expires where in my kid is a citizen of a different country. Also being a permanent resident of the different country is it legal to take up a job in India with out declaring your status to the current employer..??
If you can provide me advise & help to get my kid & wife back.
