Legal Question in Family Law in India
i am a indian and married a russian woman in delhi according to hindu marriage act in arya samaj mandir 4 years back. Now she has taken PIO card to stay in india.We have also a 2.5 year old daughter who is born in india. There seem to be no problem at all in our marriage life. I also obtained indian passport for my daughter so that my wife and daughter could visit russia to meet her relatives there. But once my wife left country and reached russia she says she does not want to come back to india and will live with her parents now . This was a shock for me. It means i will never be able to see my daughter ever again. i feel helpless. please help me. please suggest me what i should do. And suppose if i want to take divorce what whould be procedure and where should i file for same.
6 Answers from Attorneys
first of all try to ascertain the reasons for the discord. if she doesnt want to live with you, then send her a notice to come back or you will file case for the custody of child.
it is possible that she might have met someone there and if this is the reason then file criminal case against her that she fled with kid etc etc.
its better you take proper advice from advocate at your place and who is dealing in these matters.
i agree with Adv Gupta
File a kidnapping case against her as there is an extradition treaty between India and Russia ,try to get her extradited from Russia to India and file a case for divorce against her and custody of your child. let both case goes simultaneously.
the advice given above is not in consonance with law. no offence of kidnapping is made out in india. a mother can take her child out of this country and no f.i.r. can be lodged here in india. in case you want to meet the child, you may file a petition for custody and visitation and seek appropriate orders and then get the executed through indian embassy there with the help of Ministry of Home Affair or MEA. as it is not an offence, the mother and child cannot be extradited but the orders of Indian courts for visitation may be executed. you can file a petition for divorce on the ground of cruelty.
yes, in india, if a mother takes away her child, she cannot be held guilty of kidnapping.
You have to refer Russian Laws also in this regard