Access to baby - and fake passport
balaji
(Querist) 06 September 2014
This query is : Resolved
My friend has married a widow. Before her husband died , she is used to stay separately from her first husband. Also she has taken a passport in her old name (parental name) and not with her first husband name (after first marriage but before the death of her first husband.) as hiding her identity of first marriage .
My friend had marry with this widow later on. They have gave birth to child in second marriage . She is not allowing my friend to see a baby. And telling him that she can move out of country by taking the baby. she is not accepting notices.
Can my friend take a action against this? can any action against this lady can be taken for taken away passport from him in a court or through police by filing complaint against this lady?
Devajyoti Barman
(Expert) 06 September 2014
Your friend can file a suit for custody and for injunction so the child may not be taken out of India.
ajay sethi
(Expert) 06 September 2014
friend is entitled to visitation rights of the child . custody is generally awarded to mother
Rajendra K Goyal
(Expert) 07 September 2014
He can prey for injunction from taking the child out of India and prey for visitation rights.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
She cannot flee the country by taking the child with her on her passport, the child's father name and consent are to be obtained for immigration/visa purpose if she has not divorced her husband or she has to produce the divorce certificate or she has to prove the legitimacy of the child intended to carry abroad permanently. However, there are options to restrain her from traveling abroad permanently with the child by obtaining an injunction order against her for her such move.
