Legal Question in Family Law in India

In 498a my husband and his family has got convicted. I'm also got maintenance in 125 for myself and my daughter. But he is not giving maintenance since orders pass last year.he has applied for appeal in both cases. My daughter is foreign national but her passport expires after five years at presen

t she is on invalid passport in India my husband refuse to sign the consent form to restore her passport me and my husband both are indian nationals .us embassy refused to renew her passport without father consent. I gave application in court to say my husband to sign it for welfare of child but court dismissed my application reason no such section in India to pressurise father to sign the consent.my daughter is good in sports and academic .she has participated in many nationals. Last year she got chance to go outside India for her game but because of invalid passport she couldn't able to go. This year also she got selected for student exchange programs but again she couldn't . I requested embassy but they re also helpless they re saying only option is legal custody. My husband filed for divorce but got it dismissed and default from last four years. My question is can I apply for custody for her even if I'm entitled to get maintenance from husband pl suggest what should I do?


Asked on 5/07/16, 9:00 am

2 Answers from Attorneys

Dear client file for permanent custody of daughter. It will not effect on the maintenance. For any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 5/07/16, 9:09 am

1) Submit Declaration of Parent/Guardian for Minor Passports (one parent not given consent) (Annexure "G")

2) Obtain permanent custody or legal custody of the child.

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Answered on 5/07/16, 9:51 am


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