Legal Question in Family Law in India

family law,

Dear Sir.

I1.That i got married aboutseven years back in india as per Hindu marriage act,

2. After that i went to uae for job .

After ayear we had achild so i called my wife toUAE and as she wanted to work i got her a job

3. After she abuducted the child and kept some where in india and came back to UAE and took divorce from me.

4. For the serch of the one year old child I filed a writ petuion and hebious corpus in India in UP but the opponent always used to take the dates and it was dismissed in default due to non exec tution . So my pleader agin gave the application for the recall however the opponent donot attend the court .

5. Then we filed a application for the serch warrent from Gujarat under section 97 but they don not take the summons

6. The Writt, Hebious corpus and scriminal application at the high court of India in other state is pendingi..

7. mean while my ex wife has filed child custady case at UAE where she is working.

8.The intimation forthe case was not received by me but by the office boy and he wrote that i have gone to India for treatment as i am in India for my treatment.

10.I do notwish tocontest the case at UAE as the mrj was solemnised in India and the it taked longtime


Asked on 12/25/07, 9:39 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family law,

you are advised to file a custody petition in India, though usually for child below five years mother is entitled to custody.

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Answered on 12/26/07, 5:01 am


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