Explicity custody orders
anon
(Querist) 05 August 2013
This query is : Resolved
My husband and me got divorced about 2 years back and we have a 7 year old daughter. Custody of my daughter has been with me ever since her birth. I do not have any explicit custody orders with me as my husband did not fight for custody. My husband has not been in touch with me or my daughter ever since the divorce . I want to take her abroad now and for her visa i need a explicit custody order / NOC from my husband. My husband refused to give me a NOC when i recently contacted him ( just for pure harassment and he has never been bothered to meet my child ) .
Is it possible for the court to help me out in this ? Any legal remedies to get this resolved ?
ajay sethi
(Expert) 05 August 2013
obtain orders from court as your husband has refused to give NOC
anon
(Querist) 05 August 2013
What are the sections that i should apply for ?
Will they summon my husband to get his
intention ?
What will happen if he doesnt turn up to the court ?
What will happen if he turns up and denies the NOC saying he doesnt want to give it ?
Advocate Ravinder
(Expert) 08 August 2013
I agree with ajay sethi and goyal. As there will be lot of technical aspects, always hire an experienced lawyer. He will look after the sections and procedures.
If your husband does not turn up the court, an exparte decree will be passed against him. That means your plea will be considered by the court and custody will be granted.
If your husband comes to the court and denies NOC, then also the court looks into the merits of the case and grants decree in your favour. Since the court mainly relies upon the welfare of the child. As your child is with your since begening and you are taking care of the welfare of your child, there is no doubt that your plea of custody will be denied by the court. You have good chances to win the case.
