Kids custody before filing divorce

Hi All,

Due to work i travelled outside India. When i got a chance to bring my husband and kids, i processed visa for them. Visa approved and they have to travel within a month to join with me else the visa will get cancelled. My husband is used to beat me , hurt me and mental tortue  too.. i was suffered everything for my kids well being... my kids are 10[son] and 5[daughter] years old. Initially husband only forced me to travel abroad and told that he will join with me along with kids. Also he was asking money from me every month and i used to transfer also to avoid fight and thought he will join with me. now he is asking 3lacs as he need to pay to his office to get releiving letter, then only he can travel.. i told alreayd so much mony transferred and he too earn as well.. still he demands money from me and he tortured my mother and thrown out of my home... no one is there with my kids now... I'm not sure what to do.. Hes telling he takes care of kids so he need more money like in lacs. If i travel back to india is there anyway to get my kids custody and travel with kids abroad.

Appreciate your speedy help. I 'm clueless on what to do






Bring kids here, let him come and file child custody (which we won't get) ... Welfare of the child is paramount consideration in deciding the custody of the children ..


Warm Regards 

Kapil Chandna Advocate 




Dear querist,

As per law there is no hard and fast procedure that you come to India and take your kids with you and nothing as such which prohibit you from same.

As of now no case is pending between you and your husband for custody of children’s then you solve issue with your husband and take kids with you.

As far as torture by your husband is concerned you need to make up your mind what exactly you from your relationship. 


settle the matter with your husband even though he resist you can file guardian op for your chiled coustudy


Hii Rajitha,

You can file a permanent custody of your children citing the above physical and mental torture.

Once the court grants you permanent custody as you are also THE NATURAL GUARDIAN as per law and every likely hood that HE will be granted visitation rights.

In case if he too travels abroad you can file in the concerned jurisdictional courts of those countries.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.

Hi Solomon,


May i know the procedure for permanent custody for my children. Being abrod, how long the process will take place. For this, do i need to file any police complaint.






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