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Wife absconding with my Son, refusing divorce


27-Jun-2023 (In Divorce Law)
After 10 years of marriage, 14 months ago, my wife left me alone, as I developed frequent health issues. She also took my six year old Son with her. I was alone & bed ridden due to illness when she left. My wife earns as well as I do. Still initially, I sent her enough money for expenses. She gradually blocked all means of my communication with her. She also stopped any communication between me and my son. My health recovered well and then I visited my in laws several times to bring my family back. My wife did not wish to return neither divorce. She and in laws abused and prevented me from seeing my Son. Now my parents-in law and my wife have moved to another city and are hiding info on their new address and my son's new school. They have also blocked my calls. There is no police complaint or case so far in this matter frm either side. I feel extremely harassed due to their cruel behavior over last 14 months. I need divorce and access to my Son. What are my (legal) options?
Answers (3)

Answer #1
974 votes
Sir, Primary, file a writ of Habeas corpus in High court followed with Custody case under Guardianship & Wards Act for permanent custody of son. Thereafter look for other remedies against your wife. Please call for further clarification on the above said Thanks Adv Dr Preeti
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRato Panchkula | 400+ Answers
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Answer #2
801 votes
Hello you can file contested divorce under relevant marriage law. For custody of your son you can file petition under guardian and wards act. you can file case on the last known address and can serve summons through alternative modes after taking permission from the court. However try to get their address from your friends, family, her office etc.
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Advocate Ranbir Singh

Adv. Ranbir Singh

LawRatoFaridabad | 25+ Answers
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Answer #3
527 votes
You must go to court for custody of your child only the family court have power to gave you custody under section 24 or 7 of guardian and ward act of your child or right to meet with your child, you can file for divorce under section 13 of HMA or you have also other legal options to find them and bring them back you can reach me by searching on Google AK Rohilla Advocate rohtak or Rohilla's and Singh associate, law firm, Rohtak
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Advocate AK Rohilla

Adv. AK Rohilla

LawRatoRohtak | 100+ Answers
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