Legal Question in Family Law in India
I am a Hindu woman going thru divorce right now. We have been divorced a couple of months ago and r in the courts right now to resolve maintenance and access issues. My daughter was born in Italy and I would like to take her back after this is over.However my ex who is still working in Europe claims that has moved back to India now and has already applied for an injunction asking the courts to stop me from taking my child out of the country.
He is trying to keep us in India while he continues to live abroad.So my question is when would it be possible for us to move back to Italy and what are my options to do so.I still have not disclosed my intention of moving back to him or in the court.
I have applied for custody in a separate suit as well.
Kindly advise what steps I need to take in order to make this happen.
3 Answers from Attorneys
Plz explain on one side u said u r going through divorce on other side u said u r divorced a couple of months ago.
Regards
as you have already filed a petition for custody of your daughter, you need to concentrate on that and seek the favourable order from the court. as far as his injunction is concerned, that is not maintainable as he himself is residing abroad and to seek the injunction, he has to show that he is residing in india. you got a strong case provided its is properly taken up.
In a case pending in court, advice of your conducting lawyer should be better.
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