Legal Question in Family Law in India
My minor daughter aged 12 and 10 years were taken to Australia without my consent by their mother and still there. I and the mother of my daughters are divorced. The daughters were staying with their mother. I used to meet my daughters occasionally. No custody case has been filed by either party. Does this constitute any criminal offence. All of us are resident of New Delhi. Can the Australian high commission grant visa to minor children without consent of father.I have never given my consent for the same. I suspect that my ex wife may marry an Australian citizen and take my children permanently to Australia. For more than one month she is in Australia with my children even after opening of their school.
My question is i) Can i file a criminal case against my ex wife for taking my children out of India without my consent or if consent of father is required for grant of visa, then for fraudulently obtaining it.
ii) How can I prevent my minor children from going abroad without my consent and how to get custody of my children.
2 Answers from Attorneys
what your wife has done, may result in her loss of custody of both the daughters. she cannot take the children out of india without your express consent in this regard and whatever she has done is illegal. you may have to approach the court and file a petition against your wife and for seeking court directions by way of mandatory injunction to come back to delhi with the daughters.
(a) She may not be guilty of any criminal offence.
(b) You should file a case for custody and pursue your remedies if you are granted custody.
(c) since the children have already left for Australia, the question of preventing them from leaving the country does arise.
(d) You may not complain against grant of visa.
Related Questions & Answers
-
Wat is d procedure of divorce of court... Asked 7/06/10, 9:13 am in India Family Law, Divorce, Child Custody and Adoption
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
