cpc

custody of child if all of them are foreign citizens


Hi All,

I would like to have expert opinion on my case. Me my wife and child all of them are canadian citizens. Child has oci card too. Last year in 2019 my wife took my child and kept her at my mother-in-laws house saying she will be there only temporary.

But now my wife says she's going to move back to India on a oci card and prefer to stay there for some time. Now my questions are

1. Lets say if she files a divorce case against me would it be taken or valid in Indian courts

2. If they give divorce what are the rights of the father on the child. 

3 can i file case on her here in canada before she moves out because once she move out of canada mostly she may case divorce against me so she want to keep my child out of me

Is there any cases like this with parents in different countries and other nationalities than India.

 

Thanks

 
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Retired employee.

You have raised this query in another manner in your post of 3 months back.   Please establish direct contact with Advocate so that you can get clarifications on your several doubts, assumptions, presumptions etc. The three queries posted now are assumptions and no one can guide on future on mere assumptions..  Even if some expert gives, you may not agree with his guidance as you want references to similar cases in different countries etc.,

 
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That question is differen t and this is different. If experts has time please ans to my queries. even though they are assumptions I liek to know about rules . what rules say. 

 
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Retired Manager

Please inform:

  1. Where your marriage was performed
  2. Age of the Children

As per your query, all of your (both parents and Children) are Canadian citizens and holding OCI. Holding OCI means you have relinquished Indian Citizenship. OCI card only facilitates the holder to enter the country any number of times, without Visa.

 

There is a Judgement by Mumbai High Court stating that once a couple is married under Hindu Marriage Act, they can take divorce under that act only even when they are no longer Indian Citizens.

 

Following is the link to the above Judgement.

 

Bombay High Court Judgement News in TOI

 

In case the above link is not working here is the actual link

 

https://www.lawyersclubindia.com/forum/custody-of-child-if-all-of-them-are-foreign-citizens-212286.asp

 

 

 
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Advocate

The posting suggests no facts or real issues.

 
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Originally posted by : SIVARAMAPRASAD KAPPAGANTU
Please inform:


Where your marriage was performed
Age of the Children


As per your query, all of your (both parents and Children) are Canadian citizens and holding OCI. Holding OCI means you have relinquished Indian Citizenship. OCI card only facilitates the holder to enter the country any number of times, without Visa.

 

There is a Judgement by Mumbai High Court stating that once a couple is married under Hindu Marriage Act, they can take divorce under that act only even when they are no longer Indian Citizens.

 

Following is the link to the above Judgement.

 

Bombay High Court Judgement News in TOI

 

In case the above link is not working here is the actual link

 

https://www.lawyersclubindia.com/forum/custody-of-child-if-all-of-them-are-foreign-citizens-212286.asp

 

 

Thank you Sir , For your wonderful answer. For your effort in taking time to answer my question. Our marriage was performed in India and child s of age 10 years. All of us have renounced Indian citizenship . Only child has OCI card. . Both of us at present even dont have visit visa to enter India. This is our situation.

 
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Retired Manager

From your further details, it appears that the Judgement of Bombay High Court shall apply in your case too, as far as the basic principle on which the Judgement was given.

 

As to custody of Children normally Courts favour Wife depending upon the age of the child. In some cases, the Court may even ask the Child whom he/she prefer. So as to Custody of Children, nobody can foresee the decision of the Court.

 

 

 
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Thanks for your suggestions. I thought of filing a case here in canada but it seems its in vain. From the posts it appear that my case will not stand in any courts and it seems Indian courts does not favour any part father plays in the life of a children. 

My child has ASD , I was giving best treatment here, but if my wife or mother in law doesnt favour treating child ,They both dont trust any therapists/  End of day it was mother who needs to take care of child. As a wife she has to live with what husband earns. If she is taking that kind of risk it will be her problem

 
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Retired Manager

I suggest you contact a lawyer specializing in the matter of family-related issues and get a clarification

 
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Before coming to any conclusion. It's important to understand the legalities and implications of a divorce. This NRI Divorce resource seems to have all your answers. You might want to go through it once. Hope it helps!

 
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