• Mother took kids abroad without father consent

I was working in Czech Republic from past 1 Year I hold the work VISA and my wife and two kids 2 years each were on my dependent VISA.

I was having health issues, so we all return back to India. Since my health was not improving I decided to find a job in India and settle. My wife also found job in Czech while we were there. 

She was at her mother house and I was with my family, when I saw my transactions from my Czech account around 12L INR. I came to know from her family that she left India three days back along with both my kids. She is currently in Europe and she is the one who was withdrawing money from my account.
I am not divorce the only difference we had was related to the decision that she does not want to stay in India and I want to stay here. Where we are very well established and my health does not allow me to live in cold climatic conditions.

I am not sure how to bring my wife and kids back to India. She is also trying to get her dependent VISA transferred to herself by getting sponsorship from her employer and also my kids VISA to tie up with herself.

Her intention is clear she never want to return back to India and looking for seperation and will not give me custody of my kids at any cost.
Asked 4 years ago in Family Law
Religion: Muslim

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10 Answers

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, if she is living separate without a valid reason , then you can file a suit for restitution of conjugal right under Muslim Law , for directing her to join you. 

- Further, if she is not interested to live with you , then she can take mutual divorce under the Muslim law after adopting the procedure of Khula or Mubarat on the condition of the handing over the custody of child to you. 

- Further, you can also file a separate petition for getting the custody of child as well. 

- Further, if she resists , then you can file a compliant against her for withdrawing the amount from your account without getting your consent. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Under Muslim law there is no provision for petition for restitution conjugal right. A spouse cannot force the other to join him/her. But under Shariya, a father has right to obtain full custody of  his kids after he reaches seven years under Section 352 of Mohammedan law. Such petition can be filed only after kids reach age of seven years.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

File petition for RCR seek sole custody of your children 

 

2) welfare of child is paramount consideration 

 

3) inform Czech embassy that wife has taken children abroad without your consent t to revoke the dependent visa 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Before revoking the visa, the consular officer usually is obliged to invite the visa holder to the consulate for an interview and give him a chance to show why the visa should not be revoked. The reality is that usually this revocation is just a formality; the decision was predetermined before the person visits the consulate. When revoking the visa, the officer will write by hand or stamp the word Cancelled or Revoked; notify — or should notify — the person on what legal grounds the visa was revoked; make an entry into the visa system; and complete a Certificate of Revocation of Visa. If the visa holder cannot be found, the officer will notify airlines of the revocation. If the person is already en route to the Czech , he will be detained and have his visa revoked at the port of entry.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You need to file custody case if you legally want child back. Secondly for getting wife back file RCR petition in family court

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Client,

                  Taking a child without permission of a parent to abroad is illegal so send them a notice seeking whereabouts of the child and her immediate return and if they ignore such notice you can file a writ petition of Habeas Corpus in court against your wife.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There are a lot of ways to do it as they are in Czech republic on your dependent visa.

Contact any experienced local lawyer.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can write to the czech embassy that your wife has taken your child to their country without your permission and can request them to revoke their visas after which they will have to come back to India.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If she is reported to have abandoned the matrimonial home and has not responded to any efforts made by you to continue with the marital relationship then you can issue a legal notice and file a petition for Restitution of Conjugal rights in order to bring her back to India or your home. 

You can also file a child custody case and mention that she's reported to have taken the children abroad illegally without the consent of the biological father. 

You can consult with your advocate and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Since you are no more  residing in Czech republic,  better you try to cancel the visa, both yours and their Visa. 

If their Visa stands cancelled then they will automatically return to India.  

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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