Legal Question in Family Law in India

child custody NOC

Go married as per Hindu marriage act in India.

Wife divorced me and absconded with i year old child. Now after seven years , she is asking for NOC to bring the child to Dubai and his maintenance since last one year. Nothing was mentioned about child custody or support or spousal support in divorce decree. Ex wife has handsome salary. Case for custady of child aginst her is pending in Inin court.. My queries

1. Can she force me for NOC to bring th child in Dubai and for his and her maintenance after 4 yeras of divorce in Dubai.

2. Can she bring the child to dubai when case aginst her for hebious corpus and writ petion is pending in Indian courts.


Asked on 11/01/07, 2:30 pm

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody NOC

No one can force you and maintenance can be claimed if she has not got any sources of income. She has to follow the court orders.

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Answered on 11/02/07, 9:06 am

Re: child custody NOC

I have already given my reply.You are the natural guardian of the child so you have remedy to look

after the welfare of child.Your wife cannot pressurise for NOC.Child is

joint resposibility of both of you,however,you are bound the give your share of maintainance and wife shall bear her share to maintain the

child.Proceed against your ex-wife according to law at UAE.Keep infomed about your apprehension to Indian court and seek necessary direction.You have complicated issue,so,go by strategy and planning.In case of need contact withdetails.

professional charges are applicable.

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Answered on 11/02/07, 11:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody NOC

a) What kind of "force" are you talking please ?

b) If she is not having adequate income from all sources, yes she can claim maintenance from you for herself and for the child;

c) she will have to follow the court orders.

Please note that a divorced wife is also entitled to maintenance irrespective of the numbers of years of divorce.

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Answered on 11/01/07, 9:31 pm
Amit Shukla AS and Associates Legal Services

Re: child custody NOC

Pls contact personally.

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Answered on 11/01/07, 10:24 pm
rajeshwar sharma rajeshwarnathsharma

Re: child custody NOC

Yes she may press you for NOC and can claim maintenance of the child.

She can bring the child to Dubai as there is nor legal bar

To stop her, take order in your pending matter from the concerned court

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Answered on 11/08/07, 11:05 pm
G. M. Gupta gmguptaandassociates

Re: child custody NOC

difficult to advice on this much information as it includes both indian and foreign law. but seems that your wife has lesser chances of any benefit.

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Answered on 11/04/07, 9:07 am


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