Legal Question in Family Law in India
I am living separately from my husband and i have 8 months daughter. I want to take divorce from my husband but he is not ready to give the same. I am getting job outside India and I want to ask you question that weather I can take my daughter there and If yes, Is there any need to take signatures from my husband for making her passport.
Please advice me as early as possible. If we are living separately, can such separation be treated as divorce?
I want to apply my daughter passport Can I do without her father's signature?
My main problem is that my inlaws have debarred their alone son from home and property but still he is living there and I have send him one registered letter where they gave some money to postman and postman returned our letter to us by saying home was closed. If i send him divorce notice and if that wont be accepted by anyone in their home then what should be done to take divorce?
3 Answers from Attorneys
No only seperation does not mean divorce you have to get a divorce by order of the court. regarding childs passport the signature of the father is required
The facts given by you are incomplete for an appropriate opinion. In a given situation, child's passport may be obtained by ONLY mother's signature and permission to go abroad may also be obtained. You may write full facts for proper advice.
you cannot take the child outside india without express permission of your husband and in case you try and your husband comes to know of it, he may obtain a stay. in case he doesnt bother, you may take the child along. it solely depends upon the mindset of your husband.
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