Wife took away son filing a DV case against me

Welcome Forums Advice Domestic Violence Wife took away son filing a DV case against me

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    • #3976

      I have been married since 11 years (April 2007). And right from day one intervention of her parents started in every of our matters. I was mentally forced to leave my parents place and purchase a 2 BHK apartment. Me and my wife are the joint holders. We jointly took loans too. We moved to out Flat sep- oct 2012. Ever since we moved there her parents comes every day in the morning and used to leave at 9PM. Our only son was two and half years then.

      She wife is currently employed with IT multinational and had been to the USA for the past four years under deputation. I took care of our only son (8+yrs) during the said period. She used to visit us on leave every year. We kept in touch over phone and Skype.

      At the end of June 2018 she told me that her tenure in the USA had ended and that she would return to India within a few days. She was supposed to be back on 10 Aug 2018; however she made a surprise visit on 8 Aug 2018 noon. The following day (9 Aug) she took our son to visit her parents and was supposed to return on 12 August morning. I talked to my son and wife on 10th and 11th Aug and everything was normal.

      However when I contacted her on 12 Aug morning just to know when they would return, to my utter surprise she told me that she had to leave for Chennai as there was an urgency call from Chennai office regarding certain project issue. She took our son with her without informing me. She also told me that they would return on 19th Aug and our son can continue with his school from 20th onward.

      I communicated with both of them for the next two days. On 15th Aug, I found her phone to be switched off and the “switched off” voice notification that I got was in Marathi not in Tamil. If she had been in Chennai, the voice notification would have been in Tamil.

      Meanwhile I contacted my child’s school on 17th Aug to inform them about his absence. I was shocked to learn that my wife took TC from school on 10th Aug morning without my knowledge and the school didn’t bother to inform me at all. It was me who handled all school related activities and affairs of my son since he was admitted back in 2014. I was his natural guardian since his mother was abroad.

      I called my wife immediately, she hung up the phone. Five minutes later she called me and rudely said that things are not going accordingly between us and that her lawyer would get in touch with me shortly and also that her parents are with her along with our son.

      Few moments later I got a notice from her lawyer through email which says that she has been subjected to physical and mental torture and that she had launched a complaint against me at local police station on 7August 2018 (day before she came to our residence) and filed a case under section 12 and 23 of the Protection of Women from Domestic Violence Act on 8 Aug, 2018 (The day she came to our residence) in the court of chief judicial magistrate. The notice also states that our son is currently under her custody and that she would represent herself as a mother and natural guardian in every respect.

      She even took my sons passport and original birth certificates. I fear that she might take him out of India to USA. She is not allowing me to talk to him. I have no clue about where my son is or how is he. I have sent her mails and whatsapp messages many times but she didn’t respond. For four years I took care of my son, he was very close to me and shared everything with me. To me he was my world. I am practically devastated at the incident.

      I have already filed an FIR at local Police Station on 13th August and a GD regarding missing Passport and Original Birth Certificates on 5th Sep 2018.

      My questions
      1. What should I do now?
      2. How can I talk to my son?
      3. How can I know where exactly he is?
      4. Can she take our son to the USA without my consent? What to do if she already did?
      5. How can I get back my son?

    • #3979

      File a Section 9, Restitute conjugal rights petition, let her answer, if she is not coming back / reply then you proved she deserted you and no need ot pay her maintenance. as it is she is earning more than you.

      to get child file habeas corpus

    • #3981

      Thanks for the reply. I will keep informing on the proceedings and updates. Thanks again

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