Legal Question in Family Law in India

Re: family law

If divorce has taken place depends on court to cancel it or not. she cannot take son abroad and you can try for custody on this ground.

Re: family law

you can restrain her from taking the child abroad by getting an order of the court. your consent cannot be withdrawn after decree is passed. you can seek custody of the child on ground of he going abroad

Re: family law

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

If you don't want that your wife take your child abroad , you can file a case restraining her from taking child abroad without your consent. Also you can file case se4eking custody of child.

Once a decree of divorce is passed on the ground of mutual consent , consent can not be withdrawn. Moreover, you can file case for custody of child without withdrawing mutual consent . Mutual consent given to the effect that your wife can take your child even abroad without your consent as a term of mutual divorce , same can not be withdrawn.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Re: family law

No, she cannot take the child outside jurisdiction of the court withour court permission;

you can approach the court for modification of the custody order;

for filing custody application, you do not have cancel the divorce.

Re: family law

u cannot cancel the divorce but you can certainly file a suit restraining your wife from leaving the country. she cannot take your child without your consent despite the fact she got the custody. you may immediately move the court and also move an application directing her to deposit her passport with the court. if nothing moves at the lower court, u may file a civil writ petition.