Legal Question in Family Law in India
Child Custody / Guardianship
Need urgent assistance.
I was married in 1997 and my son was born a year later in 1998. By which time my ex-husband and I were already separated & I have not heard from him since then. I filed for divorce in 2000 & was granted the same in 2005 (him ex-parte; from High Court as per Catholic divorce requirement). My 10 year old son has been with me throughout. I asked my lawyer for child custody but she said it�s not required.
In 2006 I remarried & am currently settled in the Middle East. My son was under my visa for the past 6 years. I had to resign & so my visa was transferred to under my husband�s sponsorship. Unfortunately, the immigration department has denied my son�s visa transfer, since in his passport, under father/ guardian name, it is still my ex-husband�s name.
What should I do now? Thank you for your time.
3 Answers from Attorneys
Re: Child Custody / Guardianship
you husband have to obtain Guardian certificate or decree of declaration to the effect that he is the guardian of the minor.
Re: Child Custody / Guardianship
You may persuade the visa officer to accept the child's factual status by obtaining consent of your current husband;
Alternatively, you may file for child's custody, obtain an ex parte order and produce the same before visa authorities;
you may also try to find out the address of your ex-husband and seek his consent for adoption of your child by your second husband.
Re: Child Custody / Guardianship
already replied file a case of adoption and custody alongwith second husband or contact me at
For further assistance plz contact at
adv.kamal.grover.gmail.com
We deal cases in the courts all over India.
M: 09814110005
Regional office Chandigarh
We strive for your rights.
Good Luck.
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