Request for relocation out of india by mother

1. Unfortunately "reverse" case Law that also from Hon'ble SC (as well as State HC) exists favouring custodial natural mother(s).
2. However give a tough contest to her Application (her such moves if you have wind of it before she removes child from jurisdiction) to remove child from original Jurisdiction and there are two case laws in favour of "mere sperm donor" natural father which judiciary think a natural father 'just' to be;
First ref.- Mother took child to Dubai and mother was asked to pay return fare as well as accommodation to father to visit child as per visitation orders in Dubai though it was for 3 days but it was somethign better than havign nothing.
Second ref. - Mother was asked to bring child once in India on her own expenses during Summer Vacation to facilitate child visitation all the way from Australia.
3. Here the best thing that you can do is to file an IA r/w S. 151 CPC in cause title of main case “Not to remove child from original jurisdiction of Court without permission of Court”. The moment you put this Interlocutory Application she will not only be forced to file a reply with objections (so called) but file separately a cross Interlocutory Application “allowing child to be removed from jurisdiction of Court “. Now what will happen is that it is assumed you have certain visitation rights and you moved the Court first so balance of probability will favor you and while disposing such IA of father “mother” will be put in the dock first and that is where you have to put your foot down and seek more visitation (reasonable). Now afterwards when your IA is disposed her cross Application (IA) hearing will come on board, there you will be put under pressure and Court will cite the in-famous SC (last years) Judgment and show its helplessness as to unable to bind child / mother and will summarily order “mother” to inform as and when such incident is going to take place and that is where you should put your foot down on above quoted first and second reliefs illustration.

What I am trying to say is that Courts are going above board (means away from Bare Act) when the child is in legal / illegal (whatever you may claim as to be) custody of natural mothers and pleases mother more than father so a mid-way approach if above followed by father then more or less some relief cometh his way. Read the above message calmly and understand inner meaning your purpose either way will get more or less solved as no court can bound a mother / child to its Jurisdiction nor it can say otherwise so a balance Order (biased you may say) is passed as largesse given to non-custodial father. Which to my experience is atleast better than not at all able to meet the child if wife removes the child to Canada – what you think of it?