Legal Question in Family Law in India
Child visitation
I had mutual consent divorce and in decree cort has said that i can visit my child once in a week.
Custody of child with my ex-husband and he is entirely responsible for childs upbringing and i got remarried.
My ex-husband has gone abroad and he has communicated that he will return child in two months. Now he is telling that he may come after one year . I have not given any NOC to him.
What shall I do? What option I have.
2 Answers from Attorneys
Re: Child visitation
If it is without court's permission it amounts to contempt of court.
Re: Child visitation
You should file an application before the custody court seeking punitive husband against your ex husband as his action amounts to violating court order.
You may also seek production of the child in the court on the basis of your "visitation rights order: by way of Habeas Corpus petition before the High Court or the Supreme Court of India.
Your husband was not entitled to remove the child from the country without prior permission from the Court.
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