Child custody - False DV case filing
I have a unique and complicated case. I am from Nagpur and have lived in the US since 2002. I got married in 2010 and have two sons born in the US who are US citizens. My family and I were not told about the mental health of my wife. She tried committing suicides while we were in US. One time, while pregnant, she took a bunch of pills and before committing suicide, went to her OB/GYN to seek help. The doctor counselled her out of the situation, called me and also prescribed her medication and psychiatric help. She always refused to take medication or any therapy here in the US ( most likely on the suggestion of her parents to make sure I don't find out). I had known about her condition and although had a tough situation, thought I could pull through it.
I then, started seeing abnormal behavior in my son and then after the birth of my second son, in 2015, she threatened to kill the young one. I decided to move back to India so that at least the children can live safely. I sold everything I had and moved back to Nagpur. The older child who is now more than 5 yrs old starting going to school. A few days later, when my mother and I were not home, she ran away with both of my sons. Her father had come from Ludhiana and without telling us, she escaped. I reported the incident to the police and also have the copies of her medical record from US (talks about her mental history and suicide attempt along with the letter from the doctor that she is suffering from Psychosis and needs mental evaluation).
After running away in Aug 2015, when she found out that I have filed a police complaint, her father filed a DV case against me, taking advantage of the provision to women of anyone else can file a case on their behalf. The reason for that is, her father had planned to send my wife and the children, when they ran away from Nagpur, to the US. Unfortunately, she did not have the children's passports so could not leave the country and was stuck. Hence, in order prepare their defence, filed the DV Case. Left with nothing in India, I moved back to US as I was doing my MBA. The DV case was filed against me and my mother. She is 75 yrs old and has to fight the case filed in Ludhiana. She started sending me threatening emails when I was in US and was also seeking medical treatment in Ludhiana, atleast she said that in her emails. She accepted all her problems on the blog she started writing including running away and taking the children away without my permission or telling us.
She started making a case that my elder son is sick and asking me to visit India to see him and I made the mistake of going to Ludhiana to see my son. She took advantage of the situation, through police connections, and influence filed a false kidnapping case on me. The police filed an FIR. Now, I was sent to judicial custody along with my mother and my aunt for kidnapping my own son. I have filed FIR quashing petition in Punjab and Haryana High Court. My wife then, left the children in Ludhiana (5 yrs old, and 2 yrs old) in Jan 2016 and went to US herself. The children are now with their grandparents. The FIR quashing petition filed in novmeber 15 is still pending in the high court, the next hearing is in Nov 2016. The DV case is being requested to be dismissed since it was filed under the pretext that my wife cant file it since she is taking care of the children (the real reason being that she always want to flee to the US and her father who is retired and has nothing better to do with his life can keep harassing me and my mother).
Sorry for the long history, the questions I have:
1. I am being kept away from my children. If I file the custody petition in Nagpur, can the case be transferred to Ludhiana for any reason (such as children are living there currently, women's right and other such bull shit)?
2. What can I do before filing the custody petition to make sure that the Supreme Court will atleast hear my side before transferring the case (if it has to be transferred)?
3. What case should my mother file in this case? 420 because her mental health was not disclosed and then filing of the false FIR and DV cases?
4. What do you think is most likely to happen in all three cases:
1. DV Case filed by her father and she fleeing the country (more than 8 months and has not seen the children all this while, no one knows her address, has a facebook profile where she calls herself "Baaghi Heer")
2. FIR Quashing case, the judge has not received any reply yet, the police filed the reply in April 2016.
3. Custody petition filed in Nagpur? What are the chance of me winning the custody of my children given the circumstances?
Please let me know if you have any questions.