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Ajinkya (Network Consultant)     19 November 2010

Cn the wife take my child awy to anthr country wthout my con


My spouse has slapped 498A & Domestic Violence (DV) against me in 2008.  The Divorce has not been filed yet but eventually we will be divorcing each other. I also have a 2 yr old son who is currently with her. She doesnt let me meet my son and I really root for my son.

She has always had aspirations go and settle abroad and has been threatening me to sign the passport papers for my son. I strongly feel she has plans to go abroad either by marrying somebody or by whatever means.

I dont have any problems her going anywhere but I dont want to lose my son and hence I want to prevent her from taking him out of this country. I want to know if there is anything I can do to stop her legally doing so OR mandatory take my written consent before doing that.

NOTE:- I remember I had read in papers that film actress Karisma Kapoor was not allowed to take her daughter outside india since her hubby Sanjay Kapur had made some legal provisions preventing her to do so.

Would really appreciate if anybody can help me ASAP since i need to get into action.


 17 Replies

Arup (UNEMPLOYED)     19 November 2010

please take legal action otherwise she will take the advantage of law.

Ajinkya (Network Consultant)     19 November 2010

I understand that sir...but I want to know what are the steps that I need to take in order to prevent her from doing that. For e.g

1) Should I write to a nearby police station


2) Should I write directly to the US consulate

These are the only options which come to my mind. I need the exact guidance in terms of steps to be taken to prevent that from happening.

aflatoon dash (health)     19 November 2010

just as she has take away your kid.You also go and  take the kid away when he is goig to school .But ensure that you are in good postion to look after him with help of ur relatives.Inform the local police station at her place that u are the father and u are taking ur son to ur place in writting.Take help of ur fathfuls.

1 Like

Roshni B.. (For justice and dignity)     19 November 2010

dear ajinkya

i am v.sorry to know abt u.i want to know if you have got any visitation rights from court.

if yes,plz go thru this link where a wife was reprimanded strongly by the court for not letting her child meet the father.

show this to your lawyer,so that he proceeds accordingly.

1 Like


Ajinkya (Network Consultant)     20 November 2010

Thank you Mr. Prabhakar for such a detailed response. As a matter of fact, my wife has been using my son as a pawn to draw money from me. I am currently paying her an interim maintenance (as directed by the trial court) of 25,000 INR via the DV case...even though its getting heavy on my pocket. The case is still going on.

Moreover, in the DV application, she has falsely mentioned that the father has threatened to kidnap the child. I never would do such a thing. The only thing I want is that I want to meet and spend time with my child.

Thanks again...

Arup (UNEMPLOYED)     20 November 2010

" the mother is the natural guardian and you will not get custodial rights"

- mother is natural gurdian upto a specific age after that father will come into picture.

if mother's act are detrimental for the child you will get custody of the child - whatever his/her age is.

Arup (UNEMPLOYED)     20 November 2010

" The only thing I want is that I want to meet and spend time with my child."

you pray for visitation right to the child, as it's father. that will be a legal step.

Arup (UNEMPLOYED)     20 November 2010

" 1) Should I write to a nearby police station or    2) Should I write directly to the US consulate"

" 2.  You can write to passport office refusing to give consent to the child to be taken abroad."


-  you may try it, no harm. from practical experience i know that it will not be effective because taking any action, they will seek court's order from you. without court's order, one must not be deprived from her rights.

ultimately you have to go to court to establish your right. otherwise let it go - as it is.


File an interim application under section 26 of Hindu marriage act. mentioning that you need an access to the child. The Hon'ble court will grant you the permission. 

Your wife cannot take your child out of this country without your permission. Only in case your child is not having a passport. if he is having a passport you need to immediately take a steps and approach the court in preventing your wife taking the child out of the country. 

Make this also the part of the prayer you do in Section 26.



Ajinkya (Network Consultant)     24 November 2010

So gentlemen...let me summarize here a bit:

I am going to do the following on immediate basis:

a) Write to the local passport office asking them not to issue passport to my child in case my wife puts up an application forging my signature. I will state the reference of the ongoing 498A and DV cases pending in the trial court

b) Also write to the Immigration Officer (Mumbai) asking them not to grant any visa to my wife & child in case they approach for the VISA to exit the country.

Should i file an NC (Non cognizable) in the nearby police station stating the my wife is staying away from me for the past 2+ years and she might take away my child out the country???



Dear Ajinkya,

last month there was a similar case in which Mumbai High court Divisional Bench passed an order allowing the mother to take the child to Australia. In this case the Mother who was divorced and the child was in the custody of the mother. The Family had separated out for more than 3 years. Father filled a similar case to stop the mother taking the child to Australia. The mother contested the petition and mumbai high court held that the mother should be allowed to take the child, as putting conditions on the mother to stay in India will hurt the right to earn.  The Mother was allowed to take the child and father had the visiting rights. It was also held that the father has been staying away form the child for more than 3 years and by this he has been habbituated without living in the company of his child.

As mentioned in my last thread you can apply for visiting rights under section 26 of Hindu marriage act, by this way you will get the visiting rights of the child, however since the child is less than 5 years the custody of the child will be awarded to the mother as his rights and requirements are different at this stage.

From your message it is clear that you are loving father. Please explore the chances of re union with your wife. It will be a better solution. But as you are going through these conditions, you will be the best Judge of the situation and the other people can only guide you.

Some time you need a third person to help you walking the other side of the bridge. If possible take the help of Marriage Counsellor.

I wish you all the best .






aflatoon dash (health)     26 November 2010

just walk away with child and leave information in local PS that you are father and you are taking the child with you ensure that you are able to take good care of him/her at home.If not its long battle and slow loss of child through alienation.

Jamai Of Law (propra)     27 November 2010

Ajinkya ji,


You may cross check again with Indian Passport Authority whether  "Both parent's signature and conssent is required or not for obtaining a passport of a minor"....



I think one parent's consent should suffice especially if mother who is also a natural guardian can give consent...and also there is no provision in any procedure in indian passport give explicit disapproval to issue of passpprt by one parent....especially if other parent is giving consent for obtaining the passport



Passport is a mere travel document as identity...and it is a basic right of an individual to be able to travel abroad, especially if the custodian as well as the guardian is giving the consent......Any reason may be valid or even any reason may not be to why the minor needs to travel abroad....



One just can not express mere fear and concerns that........... minor is trying to abscond or is being taken away.......



The moment the father has been imposed of the restrictions and only given the visitation rights (rather to be called as previleges.....) to his kids owing to pending matrimonial dispute (whether it is reached to court/police or not.)... that moment onwards the father's say on day-to-day matters about his kids ........solely come only under the purview of kid's mother i.e. the one who is a custodian and guardian as well......



And in spite of being alienated from kids and wife, husband can't continue to hold "veto" powers in the routine matters of kids...but mother has the right to take decision as to where she may want to carry her kids along.....



Visitation is more like a privilege and not a right.........Unless covert intensions of wife as to not to allow husand to meet kids intensionally and repeatedly....are brought to notice of the Hon court, Hon court treats it as conferred previleges and not right of husband.)

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