Legal Question in Constitutional Law in India

I am an NRI woman having residence-employment viza in UAE. My parents and other fammily members are also in UAE. I got divorce from UAE Sharia Court, but suppressing that fact my husband, who is also employed in UAE, filed a petition in India, for the custody of my daughter (13 yrs), but the same was dismissed by the Family Court in India with strong observations against my husband. However he filed an Appeal before the High Court, which is being contested by me thru lawyer. But the High Court is insisting the personal presence of myself and my daughter ignoring the fact that myself, my daughter and the Appellant -Husband- are employed and settled in UAE. The order of the High Court could not be complied with by me and hence the Court Ordered the Passport Officer to impound my passport under S.10 (3) of the Passport Act. If I appear before the Court, definitely they will grant custody of the child to the husband, in which event my employment as well as the education of the child will be prejudicially affected. Please advice me in this issue.


Asked on 2/14/11, 4:30 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Where did you get marry ?

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Answered on 2/14/11, 10:23 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the order of the high court impounding your passport may be challenged in supreme court as the court cannot compel the appearance if it causes great hardship to the parties. moreover your husband is also employed in UAE. i think your lawyer needs to represent your case in a proper manner by insisting on the fact that the divorce is already granted in UAE and the petition is merely an abuse of process of law. your husband may be directed to seek the remedy in UAE court only.

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Answered on 2/15/11, 12:56 am


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