Legal Question in Family Law in
My name is Mohan, 40 years of age and married in Mumbai and residing in Mumbai. My wife has run away to Dubai taking my son (born on 21/5/2005) with her on 24th April 2009. She has stated working in UAE and taken residency VISA sponsered by her company in UAE. My son's VISA is sponsered by her in UAE. She had not allowed to meet my son when I was coming to UAE on visit VISA. Now she does not want to come back to India and filed for divorce in Mumbai family court in September 2010. So far No Divorce. I have also filed a case of Restitution of conjugal rights and child custody in Mumbai Family court on 5 Dec 2010. I have also filed a case in UAE in Jan 2011 for return of my son and wife to India. As per UAE law wife and children shall be living in country of residence of Husban/father, so they shall come to Mumbai. I am contesting on this ground as per Shariya Law. She is asking the court in UAE to follow the Hindu Law on this subject. I want to know what equivalant Law is existing in India as per Hindu Law with regard to stay of child and wife till the marriage is in place. This is very crucial for my case as per my lawyer in UAE, as UAE courts also follow the law of other country and religion if demanded by parties. Please provide me this information, court orders supporting this ruling and a book where this law is written, so that i can translate this in Arabic and show it to UAE court if it is favourable.
Please do not publish this on internet or else where. Thats a request for privecy.
Kind reagrds
Mohan
1 Answer from Attorneys
In a case pending in court, you should better follow advice of your lawyer who is conducting the case.