I am a foreigner married to an Indian. And we are legally married, as per the Indian law, under the Special Marriage Act. My husband has a son from his previous marriage.
My stepson and I are very close and we love each other very much. I am to him like any other mother to a child.
Every sunday, my step son has to meet his biological mother as per the visitation schedule.
Me and my husband had been dropping him to meet his biological mother. But last week, my husband decided not to pick him up. Then the biological mother refused to hand over my step son to me, as she said, she would only hand over him to his biological father who has the custody.
And that leads to a lot of questions for me. If anyone could help me in clarifying some issues as per the Indian law?
1. What exactly is my stand in this situation? Don’t I, as my husband's legal wife, have the custody also of my step son, in my husband's absence?
2. Does the biological mother have the right to keep my step son and not hand over the custody to me, when my hsuband is not physically present there?
3. Should we not send my step son to meet his biological mother, when my husband is not in town?
Additional Information, as written in the court order :
"The respondent (my husband) would hand over custody to the petitioner (my husband's ex wife). Custody of the child would be handed back to the respondent as per the timings".
There is no mention of any other family member.
I am really looking for some help here as I am extremely passionate about my son.