Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Nirali Nayak   13 June 2021

Custody of child

Dear team,
My sister’s daughter is 4 years old. She was divorced with mutual consent in 2016. Visitation rights of her father was given in a notarized agreement for every week. But since the divorce he hasn't contacted or met the child even. However he pays monthly for the child support regularly. My sister got married again and her husband lives in US. She now wants to take her daughter there. Is she legally allowed to do that? 


 5 Replies

Sankaranarayanan (Advocate)     13 June 2021

She need to seek court order ..without court order she should not take the child with her to abroad .consult her lawyer and act 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 June 2021

Please contact your Lawyer and seek guidance. 

P. Venu (Advocate)     14 June 2021

As she is in custody of the child, she take the child with her unless there is a condition to the contrary in the terms settled during the divorce by mutual consent.

T. Kalaiselvan, Advocate (Advocate)     15 June 2021

The mother of the child has to obtain consent from the biological father to take the child out of the country.

The marriage between the couple ws dissolved by a decree of divorce but the relationship between the father and the child has not been made invalid or discarded by court, and there is no provisions in law to do that.

If her husband is filing an injunction suit to restrain her from taking the child out of the country, she may not be able to take the child until the court is giving her permission for some specific reasons.


Dr J C Vashista (Advocate)     15 June 2021

Whether the woman has obtained consent of her ex-husband / biological father of the child? If so, what is his reaction/ response ?

Consult the lawyer engaged by your sister, who is well aware about facts and circumstances of the case and competent, able and intelligent enough to advise her. 

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