MyNation Foundation Forum » Advice » Child custody

To search unknown child and his custody

(7 posts)
  1. misaal
    Member

    Hi,

    My case started in June 2006 when wife left my home and logged an FIR in her hometown. I was married 7 years back. I have a girl child of age 5 years. She is staying with my wife. My wife left me when my daughter was just 4 month old. I was about to compromise on cases, then I came to know few hints given by my in-laws about me having a son also. The hints were consistent with some other clues in the past. My wife was pregnant when she left me and came to know about it after filing the case. So, the whole about the pregnancy and child was not informed to me. My wife's family has only girl children, so may be a reason to continue the pregnancy. The child must have born at some other place.

    Now, I want to know about my son. As usual, my in-laws are not going to co-operate, I have to find some way to make sure about it.

    My question is that, if it is true, then what they have done is some illegal act and can they be prosecuted for doing such. In no petition or any where in formal documents submitted to court, it is mentioned. This type of concealment can be taken as conspiracy? How such a case may help me in getting the custody of both the children?

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    You can file visitation petition to see.meet girl child.
    as you wrote your duaghter was just 4 month old, and it is not adviced to have sex 40days or 2 months after delivery. for some women MC starts after few months only.
    now you have to think you had sex when your wife had MC and fertile, then calculate it to know possibility of another child.

    Posted 6 years ago #
  3. misaal
    Member

    The part about such a pregnancy is clear. As we have received an intimation from their side about such pregnancy, finding it to be a girl child, and subsequent abortion just 2 months after my wife left. When we got 2 other strong hints about a son recently, we can assume that the intimation given by them was partly correct and partly wrong.

    Here I need the help to know what will be the consequences if such a claim is found to be true. What cases can be filed against them for concealing these facts. How can I use such information to get custody of both the children. I was thinking about 120B IPC, but I am not sure about it.

    Such a concealment of the fact is illegal or not?

    If it is serious then it will be more helpful in getting my children.

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    1st findout there truth and some proofs, then read http://http://mynation.net/ipc.htm and crpc too and you will know what cases you can file

    Posted 6 years ago #
  5. misaal
    Member

    Hello All,

    There is a recent development in my cases. The cases I am contesting:-

    1. 498a
    2. 9HMA (by me)
    3. 13HMA (by her)
    4. 125CrPC
    5. 25GWA for my daughter

    In 498a case I have filed application for discharge which is pending, in RCR nothing happened, in divorce case her cross is over, in maintenance case i am paying Rs. 2K (for daughter) and 3K (for wife), in custody case two visitation orders are passed one on each hearing and one every week.

    Wife is not obeying visitation order, i have also filed execution application. One day my daughter said in open court that she does not want to meet me, does not like me, do not want to talk to me, do not want to take anything from me. But she is staying with wife since she was 4 months old, soon she will become 11 years old. I met her hardly a dozen time and that also in court room.

    Actually, parents of my wife has taken care of my daughter and from beginning my daughter thinks that they (her maternal grand parents) are her parents. Recently only, when I succeeded meeting her, I told her that I am her father.

    I have not seen my daughter from last 10 months. My wife is working in LIC and taking maintenance from me and court just do not listen to me. From last two years, on hearings, my wife comes with another man (his name is same as of mine). Recently, I came to know to know that my wife has already got married with that person in court without decree of divorce (divorce case is still pending).

    The information about wife's second marriage is solid and I got partial proofs. I do not have solid proof, as I do not know in which district they got registered their marriage. I have moved applications in divorce (to re-open her cross), maintenance (cancel her interim and add the amount in daughter's) and custody case (to give me her custody immediately). I have avoided the word adultery and applications are made just to win my daughter's custody. I have also moved an application for necessary order on willful and deliberate neglect of visitation order passed.

    My wife is now happily staying with her new husband in her husband's home. Taking care of her husband's son (from his first wife) and left my daughter in the hands of her parents (my daughter's maternal grand parents).

    I also came to know (from internet), that they both (my wife and her new husband) are working together in LIC and their designation and salary etc.

    I will surely get solid proof of my wife's second marriage but it may take some time. My question is, based on the information what I got and using my application filed in court:-

    Can I make a complaint to LIC to order a departmental inquiry against both my wife and her new husband regarding their marriage?

    My intentions are very clear. I know when I will have solid proof about this marriage, then many things can be done. But at this early stage, can something be done against them?

    Now, I want to communicate with my daughter through the son of one of my colleague. As both are studying in same school and same class. I do not want to meet my daughter after her school as that can complicate her life. I am very much worried about my daughter. Though she say in court the words which are fed to her, I have noticed whenever my daughter comes in court she appears very happy and sometimes try to look at me. She has not attained the age when children refuse to say whatever is fed to them.

    What about if I request principal of my daughter's school by telling my story, to help me and arrange meeting with my daughter if my daughter is willing to meet?

    Deliberately, my wife has chosen a man to marry with same name as of mine so that in some of the proofs about her wrong doings her real husband and her legal husband can be interchanged whichever is beneficial and required.

    I also want to know:-

    1. Is there a way to use RTI to find details given by my wife about her husband, dependents, address etc to her employer LIC?

    2. Is there a way to use RTI to find leaves taken by my wife's new husband on dates of hearing? (as he was accompanying my wife in the court)

    On last hearing, I just overhear that my in-laws have taken out my daughter from her school and send her to some boarding school. I got shocked, as this is a clear and deliberate violations of weekly visitation order which my wife is not obeying. I have asked from 4-5 sources to find out whether my daughter is still studying in the same school or not. I have also tried to find out the truth. My initial hunt confirms the claim. My daughter is indeed not studying in the school in which she was studying from the nursery class. She is now supposed to be in standard four. I am very much worried for my daughter, I know my in-laws are afraid from the disclosure of their wrong-doings to me through my daughter.

    What can be approach to trace my daughter. I have heared that police will not do much if the case is ppending in court. My strategy is to first find out the truth informaly. Once I will know that my daughter is taken out from her school, I will visit the school and ask them to give the information in writing. Using the writing, I will move an application in court to give an order to trace my daughter with the help of police.

    Is there any faster way?

    Please advise and help me, my wife is ready to ruin my daughter's life just because she want to harass me.

    Regards,
    Misaal

    Posted 5 months ago #
  6. Dr.Dsouza
    Member

    if she stay with someone else and getting n enjoying ur money then you have to do little extra spy work.
    appoint someone to find the truth and proofs;
    you can sue her with perjury and cheating as well as sue her other husband for having XXX with married women knowing she is still married to you or not divorced yet.
    if you are paying for your daughter and you do not get visitation, then stop paying the money or you can file habeas corpus if you do not know where the child is.
    OR
    with RTI you can do many things.

    ask one question at once, too many confuse the reader.

    Posted 5 months ago #
  7. misaal
    Member

    Thanks Dr.Dsouza for your kind advice. Next time, I will make smaller posts.

    Posted 5 months ago #

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