Wife took 2 year kid and went to India (just disapeared)-- Legal rights ?


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rahul_singh23   
Member since: Apr 05
Posts: 1014
Location:

Post ID: #PID Posted on: 27-08-10 15:11:37

Sorry to hear about this.

Try to make it work as much you can do. Fly to India after sometime. Spend quality time with family (joint family) and own culture.

Bring your parents into smooth discussion and no blame game and who is right/wrong. Parent and other bujurg ( older people) can make it 100%.



nobel   
Member since: Aug 10
Posts: 4
Location:

Post ID: #PID Posted on: 27-08-10 15:12:41

Blue when you were moving from Montreal why did you kept posting question regarding Job on this site...why didnt you just contacted consulting companies....

Thanks anyway



manchu   
Member since: May 06
Posts: 26
Location:

Post ID: #PID Posted on: 27-08-10 20:37:09

Its very sad story and compassion is required in this. Mature thinking with a cool head is required. It’s a serious issue about your family, so if you ask me like a brother I would say that understand why your wife did this, she is sick, depression is a serious disorder and she may have been finding it very difficult to raise the child all by herself, plus loneliness. Her parents would have been disturbed to see their daughter in this position. But the fact is that now they are in India. While doing such a thing is not correct at all but it has already happened.

You should go to India yourself and have a talk with your wife and see what she wants, maybe you could compromise and she may want to settle in India. You would want your wife healthy I am sure.

Legally though you would want to talk to a good lawyer but let me tell you this there is no extradition treaty between Canada and India and seems like your daughter and wife are Indian citizens. So you cannot get anything done from Canada. Basically legally you cannot do anything. As they are India citizens the Canadian Government will not be involved and any court order of Canada is invalid in India and vice versa. And the Indian Government will never deport its citizen.



manchu   
Member since: May 06
Posts: 26
Location:

Post ID: #PID Posted on: 27-08-10 20:41:59

Quote:
Originally posted by nobel

Hi Guys,

We moved to Canada around 2 years back and are married for around 5 years now.
Have a 2 year daughter together.
My wife was suffering from depression from last 2 years and is taking medication.
Psychiatrist told us that main reason of her depression were Unemployment (couldn't get job in her field since we moved here) and Obesity.

Last week my mother in law came from India and told me that she will take of her.
On Sunday my mother in law told me that she is taking my wife and Daughter to friends place on Wednesday and they will stay there overnight and that will give my wife break from me and daily routine, so i agreed.

They were suppose to come back Thursday evening but instead i got a call from my Father in law in India that they all have reached India. He didn't tell me any reason and hung up the phone.

So in short my wife just left with my daughter and went back to India.
I am very disappointed and angry with the whole situation and more so they took away my daughter without my consent.

I have sponsored my daughter immigration last year and she became PR only 6 months back. So i am SPONSOR for my daughter.

What are my legal rights to bring my daughter back to Canada.






i saw the last line now.....answer is if really u wanna know...legally nothing.



nobel   
Member since: Aug 10
Posts: 4
Location:

Post ID: #PID Posted on: 27-08-10 21:05:26

Manchu cant thanks you more, really appreciate your post.
Though my current mind set doesnt allow me to call them,i dont want to talk to them.
I feel like my mother in law brainwashed my wife and my wife forgot all the good times we had together, she forget that my daughter was my life.

What they did to me is brutal and inhuman and all this has left very bad taste and i just dont want to call them.

They should be the one calling me....

I just dont know, my brain is telling me to make them suffer too



manchu   
Member since: May 06
Posts: 26
Location:

Post ID: #PID Posted on: 28-08-10 05:36:58

that's life....you know everyone goes through ups and downs.....give it time ...dont rush into any decision....and try your best to save your family.......all the best.



seenappa   
Member since: May 03
Posts: 254
Location: Brampton

Post ID: #PID Posted on: 28-08-10 06:30:42

Quote:
Originally posted by nobel

Manchu cant thanks you more, really appreciate your post.
Though my current mind set doesnt allow me to call them,i dont want to talk to them.
I feel like my mother in law brainwashed my wife and my wife forgot all the good times we had together, she forget that my daughter was my life.

What they did to me is brutal and inhuman and all this has left very bad taste and i just dont want to call them.

They should be the one calling me....

I just dont know, my brain is telling me to make them suffer too



Hi Nobel,

Sorry to hear about the unfortunate turn of events. But, Manchu is pointing you in the right decision. For now, don't aggravate things by filing a case.

1) Have a well wisher(to both families) drop by their house and get their side of the story.

2) Check with the local authorities in India that warrant of any kind has not been issued against you and only then proceed to India.

3) Have the well wishers setup a meeting between just you and wife to resolve this issue in the best interests of the child.

Above all remember \"Even this too shall pass\".

Good luck.

seenappa





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