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Aj (engineer)     14 September 2012

Child custody

Is it possible to take a 3 years old boy baby to forign without mother's permission?

 

i am living seperatly from my huband, he is trying to take the the child to forign after child is 5 years old, so that he can separate me from my child  and i dont get a chance to keep my child with me. What can i do now to avoid a situvation live this in future. Not applied for child custody  or divorce yet, just living seperately with my child from him . Please advice



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 September 2012

If he want custody of the child he has to approach the court under guardian and wardship act.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 September 2012

Your husband being the equal natural & legal guardian can take the child wherever he goes. You on your part can seek custody of the children from the court and at any rate visitation rights. If you think that the child is being taken away to a different country merely to defeat your rights you should file a guardianship case and take an interim injunction seeking to restrain your husband from taking away the child. 


Feel free to talk !

 

Bharat Chugh

*Advocate Supreme Court of India


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