Reply To: To search unknown child and his custody

Hello All,

There is a recent development in my cases. The cases I am contesting:-

1. 498a

2. 9HMA (by me)

3. 13HMA (by her)

4. 125CrPC

5. 25GWA for my daughter

In 498a case I have filed application for discharge which is pending, in RCR nothing happened, in divorce case her cross is over, in maintenance case i am paying Rs. 2K (for daughter) and 3K (for wife), in custody case two visitation orders are passed one on each hearing and one every week.

Wife is not obeying visitation order, i have also filed execution application. One day my daughter said in open court that she does not want to meet me, does not like me, do not want to talk to me, do not want to take anything from me. But she is staying with wife since she was 4 months old, soon she will become 11 years old. I met her hardly a dozen time and that also in court room.

Actually, parents of my wife has taken care of my daughter and from beginning my daughter thinks that they (her maternal grand parents) are her parents. Recently only, when I succeeded meeting her, I told her that I am her father.

I have not seen my daughter from last 10 months. My wife is working in LIC and taking maintenance from me and court just do not listen to me. From last two years, on hearings, my wife comes with another man (his name is same as of mine). Recently, I came to know to know that my wife has already got married with that person in court without decree of divorce (divorce case is still pending).

The information about wife’s second marriage is solid and I got partial proofs. I do not have solid proof, as I do not know in which district they got registered their marriage. I have moved applications in divorce (to re-open her cross), maintenance (cancel her interim and add the amount in daughter’s) and custody case (to give me her custody immediately). I have avoided the word adultery and applications are made just to win my daughter’s custody. I have also moved an application for necessary order on willful and deliberate neglect of visitation order passed.

My wife is now happily staying with her new husband in her husband’s home. Taking care of her husband’s son (from his first wife) and left my daughter in the hands of her parents (my daughter’s maternal grand parents).

I also came to know (from internet), that they both (my wife and her new husband) are working together in LIC and their designation and salary etc.

I will surely get solid proof of my wife’s second marriage but it may take some time. My question is, based on the information what I got and using my application filed in court:-

Can I make a complaint to LIC to order a departmental inquiry against both my wife and her new husband regarding their marriage?

My intentions are very clear. I know when I will have solid proof about this marriage, then many things can be done. But at this early stage, can something be done against them?

Now, I want to communicate with my daughter through the son of one of my colleague. As both are studying in same school and same class. I do not want to meet my daughter after her school as that can complicate her life. I am very much worried about my daughter. Though she say in court the words which are fed to her, I have noticed whenever my daughter comes in court she appears very happy and sometimes try to look at me. She has not attained the age when children refuse to say whatever is fed to them.

What about if I request principal of my daughter’s school by telling my story, to help me and arrange meeting with my daughter if my daughter is willing to meet?

Deliberately, my wife has chosen a man to marry with same name as of mine so that in some of the proofs about her wrong doings her real husband and her legal husband can be interchanged whichever is beneficial and required.

I also want to know:-

1. Is there a way to use RTI to find details given by my wife about her husband, dependents, address etc to her employer LIC?

2. Is there a way to use RTI to find leaves taken by my wife’s new husband on dates of hearing? (as he was accompanying my wife in the court)

On last hearing, I just overhear that my in-laws have taken out my daughter from her school and send her to some boarding school. I got shocked, as this is a clear and deliberate violations of weekly visitation order which my wife is not obeying. I have asked from 4-5 sources to find out whether my daughter is still studying in the same school or not. I have also tried to find out the truth. My initial hunt confirms the claim. My daughter is indeed not studying in the school in which she was studying from the nursery class. She is now supposed to be in standard four. I am very much worried for my daughter, I know my in-laws are afraid from the disclosure of their wrong-doings to me through my daughter.

What can be approach to trace my daughter. I have heared that police will not do much if the case is ppending in court. My strategy is to first find out the truth informaly. Once I will know that my daughter is taken out from her school, I will visit the school and ask them to give the information in writing. Using the writing, I will move an application in court to give an order to trace my daughter with the help of police.

Is there any faster way?

Please advise and help me, my wife is ready to ruin my daughter’s life just because she want to harass me.

Regards,

Misaal