Respected Sir/Madam.
I would like seek your valuable suggestion to get rid of an unfortunate situation. I got married on Apr-2002, and a Girl Child was born out of this wedlock on Nov-2010. Now she is 6 years old and Studying in a reputed school of Kolkata. Currently my daughter is with my wife who also works for a reputed I.T. company.
I was compelled to file a divorce suit under U/s. 13 of Hindu Marriage Act 1955 on the ground of wife’s cruelty yielding from an extra marital affair in the Ld. District Judge as Petitioner/Husband , which is currently pending since. Respondent /Wife also filed another Suit U/s. 24 of Hindu Marriage Act 1955 seeking alimony pendetilite, which I have also objected since she earns a hansom salary from her service. Later I, Petitioner/Husband have also applied for custody of child U/s. 26 of the Hindu Marriage Act, 1955. on first appearance March 2017 Honorable court ordered Respondent /Wife, to produce my daughter at the court premises on next date which is on April 2017, and court is also willing to pass an order to the me the Petitioner/Husband for visiting rights to the child, during pendency of U/s. 26 suit
However I suddenly came to know she is planning to go away to abroad with the Child so that the child custody suit U/s. 26 of the Hindu Marriage Act, 1955 filled by Petitioner/Husband becomes pending for indefinit period, and jeopardize all the future order of Ld. court related to Child Custody and Visiting Rights, which she thinks might go against her.
In order to do so she is trying to get re-issue/re-print or a duplicate passport of the Child who is already having one valid passport in a safe custody by declaring the original passport has been lost.
As far as I came to know that none of the parents, relative or acquaintance of a child can leave the country with the child or children in violation of a custody decree or visitation order or during pendency of a custody case, without a valid court order.
Please suggest what I should do now. How I can prevent her to take my daughter with her in some foreign country.
Thanks
Koushik