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Prakash Bhagat   20 July 2016

Child custody papers - muslim law - for passport & remarriag

Hi All

I am 37 years old and hindu. I am planning to remarry Muslim girl. This is going to be our second marriage . I am right now in Canada on work permit for next 5 years. I am planning to marry this girl in the month of Oct and then want to apply for dependent VISA (which my company will process). She has a Son from her first marriage. She got married as per Muslim law and after birth of Child back in 2004, she got divorced as per muslim law. However she dont have court decree. Also she dont have any custody papers for the child. 

She dont know where is her ex husband. As per last information her ex husband got married to someone else and has one daughter. However he has never contacted her in last 9 years. 

My problem is she need to have custody papers to make passport of the child and for VISA also. 

Please help me with the solution as I am in hurry as I figured out good school for him here in Canada and I want them to join me in Canada in the month of Dec. 



Learning

 2 Replies

P. Venu (Advocate)     20 July 2016

The mother of the child alone is competent apply for paasport and visa.

Prakash Bhagat   21 July 2016

But correct me if I am wrong, she needs a custody papers to process the passport for her son and also while entering Canada, she needs a custody papers for her son as he was born after the first marriage and not after the second marriage. 

Let me know how can she get the custody papers and if you know any good lawyer in Mumbai who can help us in this matter. 

Thanks for all the help


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