Legal Question in Family Law in India

Hi. I am a divorced woman with a 5 year old male child. At the time of divorce which was obtained by joint petition, it was agreed and stated in the petition that the custody of the child will be with me. But last year, my ex-husband filed a petition seeking the custody of the child. But due to his continued absence in the court, the court dismissed his petition. He again filed a petition on the same ground, but again it was dismissed because he wouldn't come to the court. Now I have a job abroad and I have to obtain a passport for my child. Is it possible? What do I have to do?


Asked on 12/26/09, 11:18 am

1 Answer from Attorneys

Ramachandar Desu Ramachandar &Associates;

As per your question it is clear that you have obtained the custody of your child through court hence nothing can stop you to take your child along with you. So follow the procedure for getting the passport for your child. your ex-husband can't stop you for taking your child to any where in the world. if he disturbs you in this processes then you can take help of police. all the best for your future job and custody of your child.

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Answered on 12/27/09, 1:04 am


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