File for divorce on grounds of mental cruelty and desertion 

2) mention her parents address in divorce petition 

3) seek sole custody of your son 

4) your passport would not be blocked 

You need to come down to India to file divorce petition 

2) in alternative your lawyer can send divorce petition to you for your signature have it attested before Indian consulate 

3) execute POA in favour of your father or mother to appear in court on your behalf 

4) your personal presence is  necessary during trial for giving evidence and for cross examination 

1.How to file a divorce case without knowing her address ?
A. You can mention the address of her residence before she left for USA or at the address you have known she lived lastly at or at the address where her parents are residing. 


2.My parents have any rights to see my kid , if yes then how can we approach legally ?
A. You can file the case for child custody and visitation rights. 

3. If she files a case on me does passport will be blocked if we are not staying to-gether for since laster 4 years ?
A. She may file the case but it is always open for you to defend. It is worth mentioning that neither in India nor in USA nor in Singapore, the laws are so stringent that your passport is blocked without offering you an opportunity of being heard. 
4.i am currently in abroad do i need to go back India and file petition or is there any way i can file divorce petition from here (because of COVID-19 ,travel ban can not go back india) ? is there any way my parents can file case from India ?
A. Yes you can assign power to your parents in India by executing Power of Attorney to file the case on your behalf and appear before the Court whenever required through video conferencing. You being the biological father of the child, cannot be deprived of custody or visitation rights of your child. 
You may have to explain why didn't you approach the concerned court for custody of child four years back when your spouse left for USA. Be prepared to give justifiable reasons to explain that. 

Hello,

1. You can file for divorce by showing her parents' address in India and get the summons from the court sent there. You can either file the case in India where the marriage took place or where you resided as husband and wife for the last time.
2. Legally, there cannot be any claim from the grandparents towards grand child, however, you have every right. You can file for custody of the child as well if you choose to do so.
3. The cases being files by her if any cannot hamper you in terms of travel, work etc.

Hi, you can file a petition for divorce on the ground of cruelty and desertion. As she left the company of yours so you will get the divorce.

[2] You and your family members have every right to access the  child.

[3]  Through power of Attorney you can file the Petition for divorce in India.

1. File divorce petition under the ground cruelty and desertion. Showing her parent’s address in India and get the summons from the court sent there. If the summons from the court shown as unserved ,check the reason for unserved the summons and take alternative steps
2. You have every right to get the custody of the child .File a custody application , court will order to produce the child before the court and you may get custody after hearing of petitions on merit .
3. If she file a false case then contest the same.

1. Petition without address of respondent will not be maintainable. Court cannot issue summons without the address of respondent.

2. Petition for child custody has to be filed in the Guardianship Court in order to seek child custody/visitation rights.

3. Passport does not automatically get blocked on the filing of FIR.

4. You can sign petition attested by a notary public and then your lawyer can file it in the competent court in India.

1. You can file the contested divorce cae on the grounds of desertion and cruelty  and can send the summons to her last known address. 

You do not have to know her current USA address.

You can send the summons to her parents address where she was lastly seen by you.

If the summons are returned undelivered for the reasons that the addressee is not available then you may initiate the process for further legal steps by filing a petition under Order V rule 20 seeking permission for substitute service of summons.

Your advocate will suggest you more on this after filing the divorce petition.  

2. You can file a child custody case to have child with you since she is not available to take care of the child and the child can be with either of the parent. 

 If you are not living in India then it may not be possible for you to file the child custody case and during your lifetime your parents also cannot file a separate case for the child custody.

Hence you may ascertain your status and proceed as per law.

3. She may file any case against you but she has to be present in India for following up the case because the fact is that she had been living separately away from you for more than 4 years hence no case at the moment may be maintainable. 

If you are not able to travel to India to file the case against her then you can give power of attorney to your either of your parents and can file the case on your behalf in your absence. 

If you are not able to travel to India to file the case against her then you can give power of attorney to your either of your parents and can file the case on your behalf in your absence. 

Were you in deep slumber for years without availng legal remedies?

Seems your parents alone are interested to see the child and you are not interested to see the child.

Address can be traced by filing a complaint. 

By the way the aforementioned questions will be posed by the Court?

Regards 

G.Rajaganapathy 

High Court of Madras 

-  Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.

- Since, she is not living with you since last 4 years , then you are entitled to get divorce as per law.

- You should file a divorce petition before the court for getting the Divorce legally, on the ground of long period separation & Cruelty.

1.You can file divorce petition on last known her address 

2. Yes, they can file a petition before the court for visitation right .

3. No , 

- Yes, you can file the divorce petition without coming to India , after giving POA/SPA to any relative in India. 

You can connect with me , if further advise needed .