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Nevika (Manager)     08 June 2015

Child custody after exparte divorce

After 4.5 years of litigation, i am formally awarded exparte divorce from my husband. My husband has never contested custody of the child or ever got in touch with me in the last 6 years. The child is 5.5 years old and i wish to pursue a career abroad. I need advise on how to pursue her formal custody, but it seems like i am putting my child up for some auction by seeking a formal custody from another parent who is not interested in my or the child's well being.


 9 Replies

Ravi (Consultant)     08 June 2015

if you want to take child with you abroad then, you have to have custody order and NOC from father for passport and immigration.

if you leave child then father has more right to claim custody;

Women always think father never bothered about child, but have you ever told told who is her/his father is than BAD about him ?

if you really love your child then file petition in court asking Father to meet child every week at least, for sure that you will not do.

DO NOT USE child in your fight and ego.

Adv. Chandrasekhar (Advocate)     08 June 2015

If you know where he lives, then contact him and find out whether he is willing to give no objection for passport of the child. If he says so, get no objection and get passport and proceed further. If he does not concede your genuine request, irrespective of your impressions about custody cases, you have to file custody case and get custody and proceed to obtain passport. If you are not in knowing of where your ex-husband lives, apply for passport for the child and inform the passport authorities about your difficulty and if they deny passport to the child, you proceed to High Court under writ jurisdiction to get direction against passport authorities for getting child's passport.  The third point I mentioned above gives you a clue how to proceed instead of wrangling yourself in protracted custody case, which takes years together.


The custody of the girl child vests with the mother till she attains the age of majority.

Dr J C Vashista (Advocate)     10 June 2015

The basic question arises whether you want to take the minor with you abroad or not? If yes, obtain custody through court of law, otherwise find out the opinion of your ex-husband and decide. However, you cannot and should not leave the child in a limbo, afterall she is your daughter and being a mother and caring for her right since you conceived till date, you have been caring her well-being and proper bringing up, isn't it? 

Biswanath Roy (Advocate)     17 June 2015

When the girl child is under your custody and care since last 5 years or so and your ex-husband never claimed her custody you need not to go to court unnecessarily for claiming custody of your child, simply you  prceed to send your baby abroad for her education.

Adv k . mahesh (advocate)     17 June 2015

its better first you apply for passport and see what the authorities say if they issue no problem but if they deny to issue then with that letter you can file a writ in the concerned high court for direction to the autorities to issue the passport to your kid and proceed to abroad happily


Adv. Chandrasekhar (Advocate)     17 June 2015

I am not sure whether the enquirer is interested to know the legal advice rendered by experts on this forum as she has not even thanked to anyone.  Be it may, It is not as simple as it was put by Mr. Biswanath Roy.  The problem comes for obtaining the passport for the child as the passport authorities demand for the signatures of both the parents to issue passport.  In the absence of the signature of the biological father, they demand for court custody order.  She has to beat this problem to go over abroad along with the child.

Biswanath Roy (Advocate)     17 June 2015

The author in her post has categorically asked the Experts " I need advice on how to persue her formal custody, but it seems like I am putting my child up for some auction by seeking a formal custody from another parent who is not interested in my or the child's well being "

I am astonished to find observation of Learned Advocate Chandrasekhar that he is not sure whether the enquirer is interested to know the legal advice from the experts of this forum. If such observation is correct then what sort of advice was needed by the querist?

Secondly, where it was written by the querist that she is facing trouble to obtain a passport for her baby as allegedly averred by Learned Mr.Chandrashekhar.? Hence, I advise my Learned friend to go through the queries of authors attentively first but not in a cavelier manner.

FightForCause (Businessman)     17 June 2015

Getting Passport is 1 hurdle , but also she needs to get a NOC from the Husband to obtain Visa for minor child.

Many countries need NOC from the other spouse if child is travelling with single parent due to many cases of abduction by one parent.

UK and many countries follow this.

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