Legal Question in Family Law in India

Seperation of couple and custody of child

Myself and my family are citizens of the U.K. but are presently staying in India. A few years ago, our father brought us to India beyond our wishes and made us stay here. For the last couple of years, our father has been unbearable to us in verbal and sometimes physical abuses due to his drinking problem. He refuses to get help and it's getting worse all the time. I want to send my mother and 2 brothers back to U.K. My question is, can my father legally stop them from going? My little brother is only 12, so can he stop him from going, or is the father's consent needed under the circumstances? My elder brother is over 18, so that should not be a problem. Also, can anything legally be done to make sure that they are not harrassed by my father when they try to leave?

Thank you for your time.


Asked on 8/22/02, 1:24 pm

3 Answers from Attorneys
Ramaswami Natarajan Ramaswami & Associates

Re: Seperation of couple and custody of child

What is your religion? If you are a Hindu, father becomes the Guardian of the child after the age of 5 and has the right to custody. However the Supreme Court has ruled that this provision should be interpreted not verbatim but keeping in mind the interests of the minor child.

You may also want to check the law in U.K for similarly placed persons. What matters in India is the interest of the minor child.

Please call me to if possible at 91-44-4421794.

Best,

N. Ramaswami

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Answered on 8/22/02, 1:38 pm
Umesh Bhagwat Bhagwat&Co.

Re: Seperation of couple and custody of child

In my opinion since you are British Citizens,Indian Courts have no jurisdiction to decide any matter.If your father wants to take any legal steps he has to approach British courts.I dont foresee any legal difficulties in returning to UK.

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Answered on 8/22/02, 10:45 pm
Prabhat Shroff Shroff & Company

Re: Seperation of couple and custody of child

You have not said any thing about the whereabouts of your mother, neither whether your parents are seperated. If so, where ? How? Who got the custody of the children? These are vital questions without which no cognt advise can be given

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Answered on 8/23/02, 1:04 am


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