Legal Question in Family Law in India

Child issue in a divorce

I have come abroad along with my family without giving any information notice to ex-wife. Is my ex-wife has any right to take action aginst me. If yes then what precaution I will have to take.

My case is as follows

1) I had Mutual understanding divorce.

2) I have 10 yrs old son and his custody is with me as per our divorce condition. Iam solely responsible for upbringing of my son as per decree.

3) My ex wife will collect my son on sat afternoon and drop on sunday evening. As per our paper she will collect .

4)There is no condition about taking my son to abroad.

5) I got remarried and my wife has adopted my son . Adoption deed is registered with Maharashtra Govt.

6) On my sons passport my second wifes name is there as his mother.

7) Passport office told us to do Adoption deed is registered with Maharashtra Govt.

8) I have adopted my second wifes daughter.

9) My ex- wife also got remarried.

10) My son wants to stay with me. He doesnt want to meet her.

11) My son is ready to tell above line in court.


Asked on 7/29/08, 5:36 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child issue in a divorce

You could have taken permission of the court for going abroad and inform your ex-wife.

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Answered on 7/30/08, 6:19 am

Re: Child issue in a divorce

your case requires detailed reply.contact with all details.professional charges are applicable.

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Answered on 7/30/08, 7:58 am
Manish Dhingra Legal

Re: Child issue in a divorce

As per your divorce terms and conditions, your ex-wife has full child visitation rights as mentioned. You will be in violation of the agreement decreed by the court and she can file a contempt of court order.

In the first place, you should have told her about your going abroad with the son. Talk to her and sort the matter out. You son can say no after he attains majority (generally).

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Answered on 7/29/08, 1:05 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child issue in a divorce

Since your ex-wife has visitation rights, you have violated court order by removal of child from the usual place of living. You may be punished for contempt of court and may also loose child's custody. Therefore, you should immediately apply for permission to the custody court for keeping the child abroad.

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Answered on 7/30/08, 1:22 am


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