Legal Question in Family Law in India

Have been divorced already 3 yrs ago.The custody of my 6 yr old daughter is with me, but I dont have the custody order since her father had given an affidavit that he does not want the custody. My ex lives and works in the US. He has access where he can avail half the vaccations and every other weekend...but since he is not based in india he hardly avails it.Now there is a possibility where I might get my H1 visa and would like to travel to the US with her. Can I apply to the court for the custody order now and under which law, since I will need this doc for the visa.


Asked on 4/16/12, 4:18 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the father had given an affidavit, you may apply to the court for the custody and also permission to take the child out of country. in case you do not avail the permission to take the child abroad, your ex may seek a stay.

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Answered on 4/16/12, 8:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 4/17/12, 3:38 am
KAMAL GROVER

Mr.Rajiv rightly advised.

File the case and get your order.

Good luck

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Answered on 4/18/12, 9:06 pm
Sanjay Kalra Sanjay Kalra & Associates

You have no choice but to get the order from the Court for custody and taking your child abroad.

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Answered on 5/14/12, 3:00 am


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