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Wife leaves back to India with 3 year old son & demands divorce


28-Mar-2023 (In Divorce Law)
We are Muslims. Married for 5 years and settled in Doha Qatar. My wife has left Qatar with our 3 year old son back to Bangalore without my permission to her family and refused to return and is pressuring me to sign khula and her family refuses to let me talk to my son. Can she take away my son without my permission? I do not want to divorce her as I love her too much and want to reconcile. I miss my family and I’m very helpless as I don’t know anybody in Bangalore who could guide me. Are her actions legal? What can I do in this case if she doesn’t want to give me a chance to reconcile. Her parents and siblings are forcing me to sign khula. Please guide me on what my rights are as I’m an Indian national married in Bangalore living in Doha Qatar since birth. They are calling me to Bangalore and I feel threat.
Answers (3)

Answer #1
775 votes
Dear Sir, you need to come to Bangalore and consult an advocate, who can despatch a notice to your in-laws in connection with returning your wife and son to you. If they refuse, you will have to file a case for custody of your child and Restitution of Conjugal rights. Contact me for further details.
Answer #2
713 votes
If the wife either deserts husband or neglects to perform her marital obligations without any proper reason, then you can apply a suit for restitution of conjugal rights. Apart from that you can fIle an application for custody of child under G&WC case though court may not.give you custody you can seek for visitation rights of child.

If you feel threatened and not willing to come to Bangalore best option is to give her khula since if you file for restitution of conjugal rights she may file false harassment cases against you.
Answer #3
876 votes
Hi
if your wife has taken your son from your custody, without your consent to Banglore and you want your son back and your wife is not ready to arrive at settlement the proper course for u is to file case for custody of your son in Banglore only.
And if you do not want to divorce her do not sign the khula nama ;

if she is not ready to reconcile and lead life with you or provide rights over your son you proceed with filing of child custody case as mentioned above and if your wife or her family are causing threat to you, you can attend the case only when it is very much required rest other things your advocate in banglore should be able to take care of. and if the threats from them persist you can even approach police station for your security.

good luck:)

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