Mohammed 09 April 2016

Divorced mother is in abroad and baby is in india

Dear Sir,

My divorce is issued on the base of 'Talak' under muslim marriages act (Indian Law as per LR. No. 2074). After Divorce sent to my ex-wife, she immedietaely travelled to US by leaving 1 year child in India. We both are now staying seperately in US. She immeditately travelled down as she afraid of cancelling her visa and wants to stay in US to make allegations against me. However now she is demanding us for Baby passport in India which I do not have with me and she also does not have with her. It seems to be misplaced. She wants to bring baby to US without she travelling back to India as she cannot enter back to US once she travelled and further trouble me here in the US such a divorce pitition, child maintanance etc. She did not yet approach to India family court yet and neither me.

Please advise if there any pitition that I can make in court to make restrictions on baby travel abroad without mother (as they wants apply for baby new passport without father consent and travel to US accompnied by gardian) ?

Is there also any pitition that I can make issuing a new passport for the baby without my consent?

Please advise?

Thank you so much in advance.

Reply Follow

5 Replies

KS Johal 10 April 2016

In order to answer your query more information needs to be finished. I need to know the following: 1) where was the child born? 2) do you have an Indian passport or Pakistan passport or us passport are any other? 3) which passport does your wife have? 4) what is your nationality? 5) do you have PR in the US? 6) how long have you stayed in the US and what job are you doing? 7) I understand from your name that you are off Muslim origin and that you are allowed to have 4 wives, how many wives do you have is this your first wife or your last wife? 8) which visa was your wife granted? 9) does your wife work if so what type of job does she do? 10) at present who is looking after your one year old child? Please note these questions are important in being able to help you to achieve your objectives. KS Johal

KS Johal 10 April 2016

I am waiting for your response.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 11 April 2016

Yes, relevant details as sought by learned expert Mr.KS Johal are imperative to properly guide you in the matter. Therefore, if you are serious, please disclose all details immediately.

Mohammed 13 April 2016

Sorry for late response. Here are answers:

1) where was the child born? Child born in US but holding Indian passport

2) do you have an Indian passport or Pakistan passport or us passport are any other? Indian Passport

3) which passport does your wife have?

Indian Passport

4) what is your nationality?

Indian

5) do you have PR in the US?

No, temporary resident

6) how long have you stayed in the US and what job are you doing?

7 years, professional job

7) I understand from your name that you are off Muslim origin and that you are allowed to have 4 wives, how many wives do you have is this your first wife or your last wife?

no wives. Only divorce my ex-wife

8) which visa was your wife granted?

Dependant Visa, but I have requested for curtailment of her visa

9) does your wife work if so what type of job does she do? Not sure her status in US now

10) at present who is looking after your one year old child?

At grand parents custody (Mother's parents) in India.

Please note these questions are important in being able to help you to achieve your objectives. KS Johal

Mohammed 18 April 2016

Dear Sir,

Could you please advise for the below?

I want my child travel to abroad to be restricted in India by court as mother and father are not living in Inidia. My ex-wife is making travel abroad arrangements such as applying for passport, travel accompanied by the guardian in Flight. Is there any ideas to make pitition to restrict travel without parents?

Please advise?