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FightForCause (Businessman)     21 June 2015

Wife taking child abroad - my options

Hi Experts,

My wife filed divorce and in same u/s 26 i applied for child visitation.

Now wife has filed another application that she has got an opportunity abroad to work for 1.5 years and she wants to take the 4 year old daughter with her.

How do i stop her from taking the child. Child was meeting father from 10 months weekly in DV case, but to go abroad and stop visitation, wife took DV case back.

Can u please provide any judgements where it specifies a parent cannot be alienated to his child if other parent wants to persue his/her career abroad.



 5 Replies

saravanan s (legal advisor)     21 June 2015

file for child custody till she returns to india from abroad under guardian and wards act

1 Like

Adv. Chandrasekhar (Advocate)     21 June 2015

Very good advice by Sh. Sarvanan.  It is always desirable for the respondent in divorce or DV case not to rely  just on the relevant sections of the HMA or DV to get visitations rights, as the petitioner at anytime has got the right and opportunity to withdraw the case to preempt the interim orders passed in favour of respondent.  What I suggest to all those respondents (either wife or husband), while moving appropriate applications for getting custody, maintenance etc. shall also file a fresh case under which these rights available.  In conspectus, file a custody petition under GWA and also file visitation rights and get visistation rights on the strength of interim order passed in DV case (if possible adparte interim injunction).  Please note that if the child does not have passport, she will not be taken abroad without your consent for issuance of passport.  But my sincere suggestion is to act bonafide.  If taking the child abroad for 1.5 years is beneficial for the child for pre-school and primary school education, do not create obstructions.  Welfare of the child, both the parents should aspire.  Wish you best of luck.


2 Like

Dr J C Vashista (Advocate)     22 June 2015

Very well advised by experts, I agree. No room left to add.

Move fast before your wife flies with the minor, if you feel that the interest of the child is not obstructed, i.e., deprived of her progressive opportunity to travel abroad with her mother.

1 Like

FightForCause (Businessman)     22 June 2015

Thanks All the experts,

I will act accordingly, did not wanted to increase another case as already entangled into many cases from wife side.

But seems i have no option but to file for GWA .

One more question:

If wife flies for 1.5-2 years, does the divorce case proceed or it just keeps on lingering. If the judge is allowing my wife and daughter to travel together, then can i ask judge to instruct my wife to file her evidence affidavit and all evidences before going and I should be able to tak her cross befor this prayer justified?


Adv. Chandrasekhar (Advocate)     22 June 2015

Very, very genuine request.  As she is the petitioner in divorce case, you should move an appropriate application (I hope the case came to the stage of evidence) praying the court to direct the wife to file an affidavit in evidence and all her other witnesses evidence with a copy in advance to you, so that on the very date of hearing, you can cross examine. 

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