NRI Child Status in India NRI Child Status in India

I am an Australian Citizen with OCI card currently residing in India.
I have a family which comprises of my
• Mother (Indian Citizen)
• Wife (Indian Citizen)
• Son (5 years – born in India)(Australian Citizen by descent – No OCI card)
Coming to the point, I found many bad things about my wife so from last 2-3 years I don’t possess good relationship with my wife.
My wife is MBA but have weak English (4 Bands), no professional stability so after marriage she was hesitant to go to Australia as she wanted to enjoy in India alone with me working in Australia alone and sending my hard earned dollars to India for her to enjoy and specially with her husband not there in India.
Now this year my son who is an Australian citizen turned 5. I want to migrate back to Australia along with my wife and son. So now she is blackmailing me that if you wish to take your son to Australia, you should do what I wanted to do else I will not allow you to take our son to Australia
As a rule, my son is a minor so without father or mother consent no single parent can take him out of the country.
She is forcing me to sign her Australian spouse visa papers (As a sponsor) which have a condition that sponsor should take care of his wife for Finance, Job, accommodation and medical. But she doesn’t want to do anything there in Australia. I am from middle class family and is in India from last 2 years so don’t have much finance and job. So I don’t want to apply for her spouse visa.
Also, it is not good to provide wrong information about our relationship to Australian embassy for getting her visa but I don’t know what I can do. I have to provide wrong information about our relationship to embassy else my son won’t be able to enter Australia
My son was born in India and has Australian passport by descent. At the moment he don’t have an OCI card so every year I am applying to FRRO for his visa to stay in India. I myself never applied for his OCI because in this way my wife will never let him to leave India.
Now my question is in case this year if I don’t apply for my son visa to stay in India,
1) What will be the status of his visa in India?
2) Will he able to study in India
3) Will He able to apply for OCI card in future, if he stays in India without a visa
4) If I don't do things according to what my wife says, she will be do a false case on me..

Is there anything I can do…?

Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

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A.Dear Sir
Please consult advocate practicing in international laws.
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Sidhaarth

Responded 1 year ago

A.As per law father is the natural guardian of child above 5 years. Fluency in English does not mean that person is intelligent and sane. Many people like from china, Japan, USSR, Israel etc uses translator to communicate.
1. Since child is born in India hence till 18 he can have be Indian citizen or be Australian citizen and on attaining 18 child shall have option to choose citizenship of either country.
2. Yes.
3. Yes. On attaining 18 years he shall have option to choose citizenship of either country.
4. You cannot stop a person from filing case but you have right to defend and also to take precautions to save yourself from such frivolous cases.
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