Legal Question in Family Law in India

My wife and me are living separately from last 3 years. My child is living with her as she was born after our separation.

Now, my wife's relative told me that she is going abroad with my child .My wife has applied for passport after our separation and she had made the passport of my child without my knowledge.

Can i challenge the passport of my daughter in court or can i write to passport authority to cancel the passport of my child ?

Can she take my child to abroad without my consent .


Asked on 9/05/12, 7:48 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

She cannot take your child out of country without your express consent. You are the natural guardian of the child being her father. In this matter, the passport authorities would take no action unless there is a direction of court. You can file a petition in the court restraining her from taking the child out of country without the permission of court. You can also pray for deposit of passport of your child in the court.

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Answered on 9/05/12, 8:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

I agree with Adv Gupta.

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Answered on 9/05/12, 9:40 pm


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