Legal Question in Family Law in India
Preventing misuse of Passport
I have filed a writ petition at the high court and obtained the stay order for my divorce decree which was set aside.The lady had deserted me to forign country and had taken my child abroad for three years without my permission and knowledge.Now she returned back and got my ex parte order set aside for which stay was obtained at the high court and contest is on.
Under guardian and wards act I had filled a case for custody/visitation of my child at place y ( residence of ex spouse)while contesting the divorce at place z ( place of desertion )where the decesion had gone in her favour.
My question is I dont want my children to be again taken abroad without my knowlege and permission.I have to obtain an injuntion .Where i should file the case at high court where i am fighting set aside decree. At her place of residence where I am contesting child case or at place Z which granted me original decree.
I have security concerns at place y where my ex resides.
what is an injunction which i have to obtain.
3 Answers from Attorneys
Re: Preventing misuse of Passport
you can file it at Y or Z.
Re: Preventing misuse of Passport
You could have filed the petition at place Z which granted you original decree; instead of choosing to file the petition at place y now. Actually the custody matter is inter-linked wiht divorce and both the proceedings could be clubbed together.
You may now consider withdrawing the custody case from place Y with permission to file a misc application in the divorce proceedings at Z. The court considering divorce matter may grant you injunction against your wife restraining her to remove the children from jurisdiction of the court.
Re: Preventing misuse of Passport
You can file it against Y or Z.
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