Legal Question in Family Law in India
Child custody
My wife and I are having major issues and looks like she wants a divorce, she just picked up a fight(a preplanned one) and she left home with our infant son. We are in India, but have come back to India from australia for good a couple of months back. My wife and I hold Australian Permanent residency....and mom son born there is a australian citizen by birth.
My questions are :
1) I fear that my wife will fled to australia taking the baby with her.....if so what are my options, in stopping her. Can the wife take the baby to another country without the father's permission ? where and how should i make known my disapproval.
2) If we do get a divorce then what about my visitation rights ? especially when she would leave to australia with the baby...can she actually leave with the baby after divorce ?
3) How can i stop my wife from leaving the country with the baby ? if she does succed to flee with the baby to australia....what course of action can i take to get my child back.
My wife is totally at fault in our relationship, my only worry is for the innocent child who will suffer eventually with the wrong choices by his mother...please advice, i need to save my child and get custody !Need advice by hindu law !
6 Answers from Attorneys
Re: Child custody
you will have to file suit for injuntion restraining her from taking teh child without your permission. Even if you get a divorce you can ask for visitation rights. If before yoiu do any thing if she goes to Australia then u have to file a case there.
Re: Child custody
you may approach the court and can take stay order against wife stopping her fron flying to Australia with your kids.For any other query contact on my mobile 09873343288
Re: Child custody
The only option you may have is to immediately initiate divorce proceedings, also praying for child custody, and in default visitation rights prescribed by court, and also making a prayer for injunction restraining the wife to leave India without court's permission.
After divorce, if child custody is awarded to her, yes she can leave for Australia, and your visitation rights will have to be wherever the child may be.
Re: Child custody
You should file a case for custody of the child. You may not get custody but will surely get visitation rights and a restraining order against your wife not to remove the children from jurisdiction of court without prior written permission and your consent.
Re: Child custody
For stopping your wife from going to Australia with your baby, you may file suit of injunction in the concerned court having jurisdiction, restraining your wife leaving India with your baby without your permission. You are also the father and natural guardian and every right to see and visit your baby. If you will not obtain the stay order against your wife then she may flee to Australia with baby.
You have not disclosed the information whether the baby was boorn in Australia or India because if your baby by birth is Australian citizen and in if she flee with baby from India to Australia than you have to file the case in Australia.
For further query contect me.
Re: Child custody
file injunction case first of all for restraining your wife from leaving india
then file cases for divorce/restitution/custody as per the conditions
all your queries depend on conditions thereafter
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