Divorce - custody

hi,

1. Mother is natural gurdian for your child. you have filed application for divorce under Hindu Marriage Act and therefore the court will not award any decree on issue of legal guardianship to your child.

2.you should file one more application before court under guardianship act making your ex as party and obtain order/decree stating that you mother is official guardian for your child. other wise you will have to obtain consent of your ex while applying for passport of your minor child. 

hope you like it thanks 

Rsksingh B.Sc.LL.B

To add to the answer already given, you should also be concerned about visa and travel restrictions of other countries. Some countries, especially in the west, depending on the situation, often need the consent of both parents for taking a child out of the country. I do not know your situation and if that is in you future plans. However, if you and your husband end up in the same country along with your daughter, you may be confronted with a new situation unless you have a decree which specifically addresses such issues. I AM NOT AN ADVOCATE but I think that in addition to the decree, an irrevocable Power of Attorney from your husband in your favor, granting you his rights in all matters concerning the child, may help reinforce the decree.