What to do if wife has deserted the husband and child and went abroad

599 votes

Sir with out information take with your family elders and mahila police head and go to your in laws and bring the kid back to you . And then. File case on wife for desertion and divorce . Do not file any case on aged in laws .no use . If the wife is interested in the kid then she may come back to India and file more case . If she doesn't come back then enjoy life with your kid . But after that shift from there with parents so that wife or in laws can not trace you or the kid .

LawRato LawRato

618 votes

In case you want to claim custody of the girl child ,you will have to file a petition for custody of child and it being a girl child ,you have to show that in your house there is some lady ,like your mother to take care of the girl child.You will have to make your wife and in laws as a party and notice of court will have to be served on your wife abroad ,which is time consuming process unless court decides to send notice through e mail and courier as per request of your lawyer . Normally custody of minor girl child is given to mother ,but as child is not staying with mother you can try to seek custody by showing of availability of your mother etc ,who is staying with you to take care of small girl child . .In case you don't get custody ,at least you will be given visitation rights to see and spend some time with your daughter for some time periodically.As child is staying with maternal grand parents with consent of mother of child ,kidnapping case will not be of any help to you .In case you have a feeling that your wife does not want to stay with you any more and is not likely to come back to stay together ,you can file a case for divorce against your wife on grounds of desertion.But custody of child will normally be given to mother only in normal circumstances and as per practice established in Courts and at the most you will get visitation rights .This is normally what happens in such kinds of cases ,which of course are subject to exceptions .

Advocate Rajiv Mehta LawRato

994 votes

Dear Client

You can file a custody petition under Guardianship and Wards Act, 1890 or you file proceedings under criminal procedure code for immediate recovery of child. You can also file a writ petition before the Hon'ble High Court seeking recovery of your child from your in-laws. However, we need to speak in detail so that I can give you sound advice. Feel free to contact me for further discussion.

Advocate Mrinmoi Chatterjee LawRato

577 votes

you can also claim for the custody of the child being her father and file case against your inlaws as well. You have remedy against to file case against your file and on the grounds alone you can claim custody

Advocate Palak Nenwani LawRato