i want my child back from my wife. we are divorcee. at present i am single and she is married. we are indians

Question

by giving me threat of sucide, my wife compelled me to take divorce.we took divorce in front of notery. not in any civil court.nobody knows this in our comunity.(goswamy). now she married with another man who's police record is bad.they want to fly away aboard. the man who maried my x-wife is already having one wife in UP state who does not know this matter.the man is hindu. i need my child back. what to do, if i want to stop them from flying aboard with my child?

Answer 1

The very fact there is NO such divorce as you state, in front of notary, who ever suggested you this was a DAMM FOOL. Any decree of divorce has to be issued by at least a District Judge & only the District Court has jurisdiction to decide any such divorce petition at least in India & according to any matrimonial statue applicable in India. The very fact you are not legally divorced your wife as committed bigamy by remarrying this man who himself has done so as he has a living wife in UP state. Now what you should do, file a civil suit for restitution of conjugal rights in the district court where you either got married or you & your wife last resided together or where she is now residing. This case will be filled under sec. 9 of the Hindu Marriage Act, 1955 as you both are Hindus & must have married according to the Hindu rites & ceremonies. You should along with this file an application for the permanent custody of the child & restainment order against your wife to take the child outside the country. You should do this now without wasting time so that you can get your child custody back & they can be stopped from taking the child with them, this way you may also get you wife back as she is still your legally wife. The other alternative is you file a writ of Habeas corpus in the High Court or Supreme Court against your wife as well as this so called second husband for producing the child in the court as they have taken him/her from your lawful custody without you consent & want to take the child out side India without your permission, in such case also you can get the child back to you.

Answer 2

id go to civil court and get a lawyer then tell lawyer what you said on yahoo answers about the way your wife got a divorce they do it diffrent here and i got indian blood on my dads side some not that much so i always liked indian people i was told my great grand mother was a full blooded cherokee indian lot of people always say i look like a indian even when i was a child in school good luck to you hope you get your child back soon

Answer 3

The police can stop her but maybe you could try and suggest that they could have an easier, care- free life if she just left the child with you. That is if you do not feel responsible for the ex wife's well being.

Also go to the tribe leader and ask for help. Only the truth can set you free and you may need the tribe's support for your up coming quest.

Answer 4

I don't really know what the law says about divorce there, yet, I guess there must be some king of legistation there too; so, my advice, would be to just find yourself a good lawyer and so try to get your child back according to the law; wish you all the best, really; I understand how hard its is for you to be apart from your child as I'm a mother myself; really hope that your wife will understand that your child needs just you as much as you need him/her.

Answer 5

To tell you the truth my friend i dont any legal rights you have and what you can do.

But i casn tell you what i would do if i was in your position, Just go to her house or the school and get your child even in the eyes of law it means abducting, your child, your responsibilty, screw your wife, save your child. And make sure you are nice to the kid.

Answer 6

I think you should find you a good laywer they can advice you on this and tell you what you should do.It does not matter if you are single as long as you have a regular job and can provide a home and a sitter for your child while your at work.

Answer 7

Please handle patiently. Take a firm action by informing his first wife and go for Police protection.
Then there will be clarity.
Then do as per Like and wish of your child , as Mother for her also to be understood.
Police will do properly in this

Answer 8

She might want to marry him in spite of if she did not convert. Muslim men might want to marry any lady who's someone of the e book-Jewish/Christian/Muslim. it would want to correctly be more effective powerful she convert for causes that anybody converts upon marriage. If she chooses to rework, her previous sins might want to easily matter as sturdy deeds in an Islamic experience. it really is done typically, she might want to talk to him about the approach more effective totally.

Answer 9

Divorce decree can be passed only by District Judge, and notarised divorce deeds have no legal sanctity. Still such wife is in former husband's wedlock. He has also an already existing wedlock. Both parties to Hindu marriage should not already be in a wedlock, hence no valid marriage between them. Better to bring her back (after she is fully satisfied with him), give her Ganga Snan (by Ganga soap of Godrej), keep her, have a fresh marital life and start struggling for a Common Civil Code for all citizens so that others also may taste such situations.

She has however a legal right of custody of minor child unless the District Judge orders contrarily for very special reasons. It cannot be simply snatched and given to your custody. She & he have a fundamental right to go abroad, even leaving their spouses in India. Courts will not stop them except under very special circumstances. His wife will suffer and seek for husband while concubine's husband may suffer and seek for wife.

Premarital, extramarital or unwed sexual activities (intercourse / coitus) are not barred / prohibited and are no offence in any Indian law. Wife’s sexual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her sex partner also cannot be punished, if was unaware of her wedlock or had sex with consent or connivance of her husband. However the police cannot arrest or prosecute him. After divorce also her husband is bound to maintain or pay till she remarries, even if she is permanently / continuously enjoying sex with all other/s. Pre marital sexual experiences (intercourse / coitus) with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act. Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any Indian law and she is at liberty to enjoy SEX freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock and without her husband’s consent or connivance. Courts are bound to believe that all children born during the wedlock (or within 280 days of court's divorce judgment/ decree) are her husband’s legitimate ones. He is bound to maintain or pay them expenses, till sons are 18+ and daughters are married. Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence punishable in Indian laws.

There is no concept of divorce in Hinduism. Hindu marriages are performed between their souls (not bodies) in heaven (not upon earth) in presence of 330 million gods and goddesses. Indian Government enacted Hindu Marriage Act in 1955 and created a chance for divorce to be granted by secular courts. Despite such legislations and courts' divorce judgments/decrees, their spiritual wedlock remains intact being eternal, everlasting and unbreakable even in future rebirths. Despite marriage with others after divorce, wife continues Ardhangini (half body) of her former husband and he continues her Pati Parmeshwar.

All unwed sexual activities (pre/post/extra marital), homosexual acts, & other perverted sexual acts are specifically forbidden in Islam. In Islam, unwed voluntary sexual intercourse also is a great sin and heinous crime against government/society punishable with publicly lashing/ death by pelting stones. Muslims firmly believe and strictly practice the teachings/commands of their holy book Quran & their Prophet, which is their Code of Life at all times/places. They have the written, clear and unambiguous teachings to guide righteous or wrongs, pious or evil, fair or unfair, etc. They follow them blindly in matters of responsibilities, liabilities, rights, daily life, marriage, private & public relation, business, trade, earning & spending, etc. and do the righteous and refrain from bad. Anybody may read, satisfy, accept and practice it.