Legal Question in Family Law in India
my sister an indian married to a srilankan, 2 children both indian PP holders. He is back n Sri lanka my sister with her kids in india, he wants a divorce as he needs to remarry a british national. What are my sisters rights to custody of the children and restrictins to the father wanting them to travel to Sri Lanka
2 Answers from Attorneys
he will not be able to take the children back to sri lanka without the consent of your sister. in case he wants divorce, he would file the same in sri lanka and you can appoint a lawyer there for getting the same rejected as the marriage was solemnized in india and even the kids are indian passport holders.
Your sistr should get the custody of the children normally; however, the father shall have teh visitation rights, including right to take the children to Sri Lanka for vacations. If they were married in india, their divorce application should be filed in the Indian Court having jurisdiction.
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