Cn the wife take my child awy to anthr country wthout my con

just walk away with child and leave information in local PS that you are father and you are taking the child with you ensure that you are able to take good care of him/her at home.If not its long battle and slow loss of child through alienation.

Ajinkya ji,

You may cross check again with Indian Passport Authority whether  "Both parent's signature and conssent is required or not for obtaining a passport of a minor"....

I think one parent's consent should suffice especially if mother who is also a natural guardian can give consent...and also there is no provision in any procedure in indian passport procedures...to give explicit disapproval to issue of passpprt by one parent....especially if other parent is giving consent for obtaining the passport

Passport is a mere travel document as identity...and it is a basic right of an individual to be able to travel abroad, especially if the custodian as well as the guardian is giving the consent......Any reason may be valid or even any reason may not be necessay...as to why the minor needs to travel abroad....

One just can not express mere fear and concerns that........... minor is trying to abscond or is being taken away.......

The moment the father has been imposed of the restrictions and only given the visitation rights (rather to be called as previleges.....) to his kids owing to pending matrimonial dispute (whether it is reached to court/police or not.)... that moment onwards the father's say on day-to-day matters about his kids ........solely come only under the purview of kid's mother i.e. the one who is a custodian and guardian as well......

And in spite of being alienated from kids and wife, husband can't continue to hold "veto" powers in the routine matters of kids...but mother has the right to take decision as to where she may want to carry her kids along.....

Visitation is more like a privilege and not a right.........Unless covert intensions of wife as to not to allow husand to meet kids intensionally and repeatedly....are brought to notice of the Hon court, Hon court treats it as conferred previleges and not right of husband.)

Below Are the Facts:

1.       Wife working in MEA as Personal Assistant.

2.       My Daughter is 6 Years of age at present with my wife.

3.       Got Married on 23^rd april 2008, Wife stayed with me for 3 Months after Marriage after conceiving went back home, came back just for delivery and went her home again just for 15 days and never came back.

4.       After 4 ½ Years I filed (Divorce - Sec 13 + Custody & Meeting rights on June 2013 – Desertion, cruelty & schizophrenia). She has filled only 1 case ( ie: Sec 24 Maintenance)

5.       Judge asked me how much would like to help your daughter, i  told that i would like to voluntary give Rs. 5000/= PM to my daughter (which i am Regularly Giving maintenance)

6.       Since after 2 years i have been allowed only 2 times to meet my daughter for only 50 minute and after a gap of 1 year. (Note : when i met her second time she didn’t came to me and even didn’t recognize me at all)

Problem Priority wise:

P1. Just on last date my wife has submitted a statement in court that she has been deputed to Bhutan India High Commission and she has to leave India in april 2015 . For which Judge added this info in order and said this is a Civil case saying you can make your lawyer proxy.

Note: She didn’t ask any permission to take my daughter or not, as if she was thinking that every things will fall in her favour as default.

Note: When my Lawyer said that Madam Section 26 is still pending (Child Custody & Meeting Rights), on which Judge didn’t gave any satisfactory Reply. And gave new date for Discussions ie: 4^th Aug 2015.Actually 6 months from Now and My wife will fly to Bhutan on April 2015 with My daughter.

I had Discussions with Many People. They said this would actually one more cruelty   on you.

Action which i had taken:

1.       Today I moved Application 151 in the same court “Requesting my Judge to stop her to go to Bhutan along with the child”.... But Judge seems to be biased said me verbally (Should she leave her job for your Meeting rights).

She has called me 3.30 on 25^th Feb 2015 (After 3 days) ...... let’s see what happens

Questions:

1.       Can any spouse take child outside Country if Child custody case is still pending?

2.       Does father have no visitation right at all.... She never see my daughter for 4 ½ Years and after that in 2 years court battle i only saw child only 2 times and now she is going abroad with no directions from the court.

3.       Other is we have a separation off 4 ½ Years + 2 years court battle, but still my wife doesn’t wants to give divorce to me and just want to play around my life and my career using long litigation process. In this case what should i do?

IMMEDIATE HELP REQUIRED