Obtain visa when separated from husband

shrishriml (Querist) 17 October 2016 This query is : Resolved
I have been separated from my husband for over 6 months and in no direct contact since. Have a 3 year old son. I am planning to travel on a vacation out of india along with my parents next year and would require my husband s signature and NOC to process my son s visa. Under no circumstances would my husband co operate if i approach him directly for his signatures.

Is there any other option to get this done from him?

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Rajendra K Goyal (Expert) 17 October 2016
Have you got divorce through court?

Is any case pending?

In routine it would be difficult.

May proceed to obtain court orders for your husband to give consent.

Discuss with some senior lawyer expert in the field.

shrishriml (Querist) 17 October 2016
No cases initiated in family court by either side. have filed 498a but chargesheet pending.

is there any petition i need to file in court in order to get the court order for husband to give consent? also, which court do i have to file: sessions/ high court?

also, how long would it take to get this order?

Rajendra K Goyal (Expert) 17 October 2016
Without consent of both parents / divorce / court orders otherwise, VISA to child may be refused.

shrishriml (Querist) 17 October 2016
Yes i understand the father s consent is required for visa, but would like to know the court process to obtain this order for him to grant consent?

Devajyoti Barman (Expert) 17 October 2016
Apply in court for necessary permission it requires time but you have no other option either.
However all countries does not require permission of both parents for travel visa of child. In many countries where visa is obtained on arrival or through e-visa such permission of both parents is not necessity.

Ms.Usha Kapoor (Expert) 18 October 2016
Agree with experts.

Guest (Expert) 18 October 2016
I doubt, even if court agrees to permit you without the consent of the other parent. Moreover, a court case can prolong too much if contented by your husband and your plan for vacation will be spoiled.

So, if there is any reasonable ground for taking your son abroad, better approach your husband through common friends or elders of both sides.

shrishriml (Querist) 18 October 2016
so does that mean i cannot travel abroad for work or otherwise if my husband objects? and there is no remedy in law for same? it is obvious that an estranged husband will try his best to stop me and my kid from going.

what are best options for me?

Guest (Expert) 18 October 2016
You may better prove in the court of law that your husband is estranged, rather than asking here. Even court will not assume without proof that your husband is estranged. Law will take its own time to agree on your submissions to be proved true in due course of time.