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My wife went to India with our Child , her mother and father. We had some issues and fought over pho


07-Jul-2023 (In Family Law)
My wife went to India with our Child , her mother and father. We had some issues and fought over phone. Afterwards, my in laws threatened me over phone, not allowing me to speak to my child who is 8years old, confining the child to my wife's brothers house and not letting her speak to me (her father). My mother in law has been instrumental in creating a huge rift between me and my wife and taking her to India in my absence from home and country. I want to explore legal options available with me
Answers (3)

Answer #1
887 votes
Hello Sir As per the facts stated by you, with whom is your child? Only with wife? We can file case in High court or Family court in addition to availing remedies in your country Please contact us for further assistance on this matter Thanks Adv Dr Preeti Manderna
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRato Panchkula | 400+ Answers
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Answer #2
548 votes
In this scenario, you may file a petition for child custody. Also, you may serve a legal notice of restitution of conjugal rights to your wife asking her to perform her marital obligations, followed by a petition of RCR if she doesn't compliance to the legal notice.
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Advocate Joginder Parsad Singla

Adv. Joginder Parsad Singla

LawRatoFaridabad | 50+ Answers
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Answer #3
753 votes
You can initiate proceedings against your wife for forcibly taking the child out of your custody by filing a child custody case against her. If you are staying abroad and the child is presently in India then The court can grant you the right to speak to the child over video calls as an interim relief.
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Advocate Madhuri Bakshi

Adv. Madhuri Bakshi

LawRatoFaridabad | 50+ Answers
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