My ex-husband abandoned me and my son in 2001. I took a divorce through family court in 2004 after the stipulated 2 yr wait. The court order says decree given "ex-parte" with no costs. It does not say anything about the custody of the child. The petition to divorce has my son mentioned.
In case needed further info: My ex-husband's whereabouts are still not known. Past 10 yrs me and son have been living outside India. The abndonment happened when he went back to India without telling us and disappeard.
My then lawyer mentioned, in case of abandonment there is no custody issue hence no separate court order.
Now my question, should a family court in India give custody order in case of abandonment?
Or is the custody as in my case (abandonment) only derived by a reference to law "section 6 of the Hindu Minority and Guardianship Act, 1956 the natural guardians of a Hindu minor , in respect of the minor person as well as in respect of the minor’s property, in the case of a boy, the father and after him the mother. The word ‘after’ used in section 6(a) of the Act is interpreted by the Supreme Court of India to mean ‘in the absence of’ where ‘absence’ refers to father’s absence, for any reason whatsoever."
Since i have to convince a counsellor for issuance of visa for my son along with me, i need to know how to handle the question on custody that i will be asked.
I very much look forward for your reply. Thank you in advance for your time and help.