Legal Question in Family Law in India
My husband and I are both Indian citizen and staying is US for 10 years and our child is US citizen by birth. When I came to India with my child 6 months back my husband filed for divorce & custody of our child in US court. After this I filed for Child Custody and support in Indian court and the court emailed summons to husband in USA. For a 2 months my husband did not respond to summon but before the final hearing my husband got a Indian lawyer to appear in Indian court and he told the court in writing that "I even if he gets child custody from US court he will not enforce that order in India" and on basis of that statement Indian court refused the custody of my child to me in India. IN India I am getting calls from US Embassy and they want to meet my child and I am scared if they would take away my child.
1) If my husband has appeared for the case in India through his lawyer. Shouldn't the Indian court not my husband him to withdraw the custody case from US court?
2) Is it not Contempt of Indian court that my husband is appearing hearing in India and at the same time he is contesting the divorce and custody case in US court?
3) The judge in India court has refused custody of child to mother on basis of a letter by husband stating that he will not enforce USA court order. Can't I ask the judge to ask my husband to withdraw the case from USA court since he is appearing in Indian court? ( I have checked the status of his case in US court and the case is scheduled for next hearing in Dec which means my husband will eventually get custody in US court as I am not appearing in US court. This is injustice and I want to know how to convince Indian court about this.
4) I am also getting call from US Embassy in India & they want to visit and look at the child. Can I refuse to take their calls and refuse to allow them to meet my child since the custody case is in Indian court?
1 Answer from Attorneys
dear client take injunction order against us embassy so they cannot call u or if u visit then didnot take yr child from u. for proper discussion call me
Adv prasad patil
9604349028
8446247807
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