Legal Question in Family Law in India

hi,

i am a divorcee having an 8th month old daughter who is in my and my parents legal custody,the father had got visiting rights via the court on every first and third saturday of the month,my qts are as follows:

the father being an american citizen has gone to the us for work purpose by submitting a notice that he will not be visiting the daughter for a year or till further notifications during this span is it ok to take my daughter out of the country for a small vacation which may last for approx one month?

do i have to submitt any notice brfore the court before leaving the country'?can he take any action legally if he comes to know that i have taken the kid for a vacation?my child holds an indian passport and she was deleivered in india.also if he comes before time can he take any action i hope to leave by october with my family and my daughter please reply thanx.


Asked on 8/08/11, 3:16 am

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

as your husband himself is in US, there would be no issues if you also take your daughter out on vacation once your husband is abroad. you may need permission only in case he is in india and visiting the child.

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Answered on 8/08/11, 3:32 am
Sanjay Kalra Sanjay Kalra & Associates

You dont need any clarification(s) or permission(s) from any where as your husband has given you a notice that he would not be visiting his daughter for 1 year and would be in USA . You can surely take your daughter for 1 month or more during his non visitation period as informed by your husband. Anyway what is your status ? Are you an American citizen or a Green card Holder ?as i can guide you more about your rights etc. please clarify.

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Answered on 8/08/11, 4:51 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i agree with Mr. Gupta...you can take children on vacation without permission.

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Answered on 8/08/11, 8:20 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can take children on vacation as your husband is in US and had already submitted notice that he will not meet children till further notifications.

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Answered on 8/08/11, 11:53 pm


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