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Can a case of Child Custody be filed from out of the country
27-Jul-2023 (In Child Custody Law)
Hi, Few months back me and My wife had a fight and she took my son and left for India. The fights were getting out of control, even I felt its better she travel back for some time and have some break as she was Pregnant too. But after going back she got the baby aborted and told me it was miscarriage and now refusing to come back and not allowing me to talk to my son too. I have tried to reach out to her couple of times and asked her to come back. But she seems not interested and want to pursue on her own. Presently I am in USA and would like to get custody of my son. Could yo please advise if I can fight the case from here itself with the help of any good lawyer in India. Or can should I approach the court in USA itself and if they give any orders will it be applicable in India. Appreciate your response.
Ok you can file a case in India but for that you have to execute a special power of attorney which has to be done in embassy and the special power of attorney should be given to some person in India whom you know and have trust, and I can take it from there in order to have access to your son, further you can get orders in U.S also but it is hard to get it executed and indian courts are very slow in accepting orders of foreign countries specially in custody matters. For more details you can contact me.
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Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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Hi...you can file a case in India for G@wc by that you can claim for child custody . For that once or twice your appearance is needed in Indian court. And court can allow you visitation rights.
Thank you
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Adv. Rama Chandra Shenoy
Bangalore / Bengaluru | 400+ Answers
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