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Jimmy Thakur   29 May 2024

Can court help in passing order for child to study in india?

Hello Sir,

I have gone through divorce and my ex has custody of child and I'm paying for education, now child has cleared his 12th grade and want to study abroad which I don't want since i think he'll be allow there etc. but my ex also wants to child to study abroad.

Child is US citizen while ex and I are indian citizen.

So do you think I can help court pass order for child to study in India? if yes how can i prepare for that?

if no - any reasons that can help me?

thank you




 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2024

Since the child has completed 12th standard, it should have completed 18 years of age hence it is no more a child, therefore child custody case is not maintainable, besides since it is a US citizen, it can decide about continuing US citizenship or seek parents country citizenship.

You have to analyse the facts and decide further course of action in this regard.

Dr. J C Vashista (Advocate )     30 May 2024

It is the "child" who is no more a "child" (except for parents) is competent to decide his own fate where you may guide/ advise about pros and cons qua your views, which must not be thrust upon him. 

Real Soul.... (LEGAL)     30 May 2024

At 18 years of age attaining majorty the person has choice to study where ever he wills, and you are no more responsible for maintenance and suppourt. Now if your ex wife wan you to auppourt his education on moral and emotional grounds then it shsould be as per your choice.

You can stop maintenance and let your wife pay for his studies. However the court cannot force a major to act on parental advise.

P. Venu (Advocate)     02 June 2024

Yes, what is the "child"? If he has completed 18 years, he is no longer a child and there could be no question of any "child custody"?

Jimmy Thakur   16 June 2024

Many thanks for everyone's reply really appreciate guidance and completely understand my son is 18 years so he can decide where he wants to study but we have court settlement where I'm supposed to pay for his education and I really can't afford his graduation in USA so do you think honorable judge can still force me to pay for his education in USA since he wants to study in USA.

I can afford his graduation only in India so I'm requesting honorable judge to ask him to study in India where I can afford to pay for his education.

Thanks again !!

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