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Author Topic: Can the petitioner go abroad for work with kid while divorce case is in progress  (Read 981 times)

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Offline deepeshkumargo

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Hi Experts,

Me and my wife married in september 13 2013 and we are blessed with a daughter in september 8 2014. We both are from IT industry and were living very peacefully but ofcourse there were some small beauty quarells which is common in every relationships. Later I came to know that my mother-in-law has commited suicide in year 2010 for some financial reasons at that time only father in law was present in home and he couldnt escape her from doing that. As my wife is a lone kid and her mother is no more we have taken care all the expenses and arrangements of engagement,marriage and during pregnancy I have taken work from home option and was there with my wife since she should never feel that she is missing her mother. My parents also was very keen in taking care of her. During those period father in law never came to our house and he used to call everyday to her number in the evening. She was admitted in hospital 10 days before and me and my parents were the only persons present. After 90 days of rest we headed back to bangalore along with kid and my wife and me rejoined office. We have taken a flat which is very near to wifes office so that she can come even if she gets a 5 mints break. We had a maid also to take care of kid. Afetr few days father in law wished to join with us stating that he need to see the grant child. We welcomed him and within one month on a day when I went to office they have left from flat to hometown and filed a divorse case. On the day before I me and my wife had a small verbal fight on the expenses and money. It was adjustable if we were alone at that time. Father in law elaborated that and forced her to file divorse case. The signature in the petition is fake as I have the original signature.

WHEN MY WIFE WAS IN LOSS OF PAY LEAVE MY FATHER IN LAW NEVER CAME AND ENQUIRED ABOUT HER AND WHEN SHE AGAIN STARTED TO GO TO JOB HE HAS COME. ALSO HE FORCED MY WIFE TO BUY A CAR FOR HIM WHO IS 75 YEARS AND NO  WHEN ALREADY I WAS HAVING A CAR FOR US. ALSO HER MOTHER COMMITED SUICIDE IS ALSO DOUBTFULL.

MY FAMILY TRIED FOR COMPROMISE AND WIFE ONCE TOLD TO MY UNCLE THAT SHE CANNOT LIVE WITH ME IF SHE LIVES HER FATHER WILL NOT SUPPORT HER FOR EVER. EITHER ME OR HER FATHER. I DONT KNOW WHAT TO DO. I HAVENOT SEEN MY INNOCENT DAUGHTER FOR ALMOST 7 MONTHS .


THEY ARE NOT COMING TO COURT FOR LAST FOUR HEARINGS AND NO COMMUNICATION AND WE DONT KNOW WHERE THEY ARE STATYING. I SUSPECT THEY ARE PLANNING TO TAKE MY KID ALONG WITH MY WIFE TO GO ABROAD THROUGH THE COMPANY.

I WISH TO KNOW IS IT POSSIBLE FOR MY WIFE OR THE PETITIONER TO GO ABROAD WHEN THE DIVORSE CASE IS IN PROGRESS ALONG WITH 1 AND HALF YEAR KID. HOW CAN I STOP THEM AS I AM THE LEGAL GUARDIAN AND STILL THE HUSBAND I NEVER WANT TO SPOIL MY KIDS FUTURE. PLEASE SUGGEST ME ON HOW CAN I STOP TO SEND MY KID ABROAD AS I WANT TO SEE HER ATLEAST . PLEASE ADVICE


Offline adv.amarnath

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You have to file a petition under Section 26 of the Hindu Marriage Act, if your divorce case is being filed under Hindu Marriage Act. LEse you have to file a petition under Guardian and Wards Act and have to get an injunction order from taking your child to abroad as well as order also to visit your child twice a week.

This is for your information that father and mother are not a legal guardian of their child. They are natural guardian. So when you file above advised petition please refer yourself as natural guardian of minor child.

You can contact me for further advice and consultation in details.

If you liked my advice, then please like on applaud just left hand side of this comment.
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Amarnath Sanyal
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Mob - 09830303322

Offline rajgopal sripathi

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Hi
Parents are the natural guardian's of their children.
if you have reasons to believe that your wife and your child are planning to travel overseas permanently whilst the divorce proceedings, you can ask the court for direction pertaining custody / visitation rights of the child under Sec 26 of Hindu Marriage Act.
Section 26 in The Hindu Marriage Act, 1955
26 Custody of children. —In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 58 [Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline deepeshkumargo

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Thanks Very much for your advice Adv. Amarnath and RajGopal!!

Here I have one more doubt. The signature in the petition filed by my wife is forged by the father in law. I have almost seven to eight original signatures of my wife and it is entirely different and there is very clear similarity of my father in laws handwriting in the signature on the petition. Can I file any signature forgery case against father in law or can I request Hon.Court to dismiss the petition itself. Now the counseling is over and still there is no change in my wife's attitude as she is telling if she come with me her father will not support her anymore and will consider her as dead. So She has decided to stay with her father and made her mind to live alone.

PLEASE SUGGEST ME ON THE SIGNATURE FORGERY.

Deepesh
9902993019

Offline adv.amarnath

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I have replied you in this regard over private message sent by you.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Hi

you can file a petition u/s 151 of CPC and may request the court to compare the signatures of your wife u/s 73 of Indian evidence act.



Section 73 in The Indian Evidence Act, 1872
73. Comparison of signature, writing or seal with others admitted or proved.—In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person
Rajgopal Sripathi
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Offline deepeshkumargo

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Thank you Sirs once again.. Really appreciate your advice

Offline deepeshkumargo

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Dear Sirs,

As the divorce case is still on the same page even after one year. Mediation is over on December 2015 with out any luck. Since June 2015 I have seen my daughter only 3 times that too in court for just 15 minutes till date. For the last 4 consecutive hearings my wife didn't turn up in the court providing excuses. Last time I saw my kid is in the month of December.I have requested my wife around 100 times through mail and message to show my kid or atleast send some pics of her that I am missing her too much. BUt no replies and no answers till now. Now their demand is to give maintenance of 10000 INR /month for my daughter who is 1.5 years old. I am ready not to give maintenance but to maintain my wife and kid for ever. My father is a cancer patient and my wife knows that very well still his request to show grandchild also is been ignored atrociously by my wife and her dad. In this case are they eligible to claim maintenance  from me as my wife is earning 50000INR per month as salary. When it comes to maintenance kid is my daughter but they cannot accept me as kids father when I request to show her atleast a photo. Still I did not try to trace where they are located and also did not filed the Guardian and wards CT and the section 26 till now as I don't want to provoke them and still waiting for a peaceful and happy ending . Also I didn't get the chance in court to say my feelings till now as the court is postponing the case to another dates because the petitioner is not turning up to court. What are my chances :

1. Are they eligible to claim maintenance without showing my kid to me and my old parents who all are very desperate to see and I am ready to maintain both wife and kid. Also my wife and father in law has been taken my kid without my knowledge and hiding her and asking for maintenance.
2. Can we request in court to get the address where they are keeping my kid to visit and request to pick the call to enquire about kid.
3.Is there any   request which I can give in Human Rights department for help?
4. As they are asking 10000 for maintaining 1.5 year old kid I am sure they will misuse the amount and it will not be useful to my daughter. Instead can I give them 2000 and remaining I have already started Sukanya Yogana policy which will be usefull only for my daughter in her future. AT THE SAME TIME I AM NOT PRICING MY DAUGHTER WITH 10000RS INSTEAD I AM GIVING MY LIFE FOR HER

5. How many times the petitioner can be absent consecutively in the court as of now 4 times happened consequentially however they are giving false excuses. Last excuse was being so cruel the they said  1.5 year old daughter was admitted in hospital and is critical with fever. Can we ask for discharge summary. Hearing this we tried to reach them on phone to visit my kid but no answers later we called one of there relative from a different number and checked the truth. They said no problem for kid. That news made me relaxed but telling lie about 1.5 year old healthy kid being hospitalized is truly hurting.

Please help me on the legal advices on which all options can I get from Indian Law on this. Can I reach human rights,or child care or any other departments .

Thanks in Advance,
Deepesh

Offline adv.amarnath

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It is better if you go for consultation in details with me. You will get all answers of your queries and further you will be clear what to do next.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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