Taking child out of India without my husband consent

if ur marriage is valid under the European laws then there is no objection, in India, with respect to legality of ur marriage.

if u r apprehending that ur husband and his family may take away ur child from ur custody then better dont come to India....once the boy is taken away illegally then the route to get his custody will be courts.....and far as Indian courts are concerned it will be a time consuming process and u may find it to be a bit frustrating too.

no doubt ur husband can not take away his son illegally but he is also a lawful guardian like you are, since he has left the country 2-3 years ago u are the actual guardian at the moment.....in my opinion if there is some doubt in ur mind regarding intentions of ur husband and his parents then please dont come to India.....stay happily in ur country, ask them to visit Europe and see their child....in India u may find troubles.

From your query it is not clear as to how is your realtion with your husband. And why you are asking about returning to your country along with the child even without your husband's consent. If I suppose your relation with your husband is not good, I would advise you not to visit India along with your kid. You must be takning too much risk visiting an unknown country and in case if you get into trouble, it will be a problem for you. Our laws in India, still believes that a child has to be in the custody of natural mother till the age of five,  and so, you can definitely get the custody of the child in case your husband takes your child away against your wishes. But why do you want to take such high risk of making visits to Courts which are much time consuming?

You can show your baby to your husband and his  family through webcam as well. You need not visit India with a fear in your mind that your husband may take away your baby from you. Just think why your husband is forcing you to visit India. Please do not take hasty steps.

I appreciate your advises as you know better the situation in India. In fact i was looking forward for a solution: either to divorce him or to be with him as i do not want to continue to stay separate like this.

Now another topic :  I liked India (i've been there once) and may be i'll visit it again, with the child, without his father's knowledge, but i don,t know if, when i decide to come back home, in the airport, the indian policemen will ask me for the consent of his father in order to get out of india. Do i need such a paper from his father (being still maried) in order to get out of  india, if the child is on my passport?

Thank you so much for your help

Andra

hello Andra, i worked upon ur matter and came across a recent judgment of Hon'ble SC of India.

now let me provide u few guidelines if u decide to visit India.

i) make sure that u inform the embassy of ur country in India about purpose of ur visit; place of stay and duration of stay.

ii) in case u find any trouble regarding custody of child either u may approach ur embassy or may contact some competent lawyer so that appropriate WRIT petition can be filed in the concerned HIgh Court.

iii) make sure the passport of the child remains in ur custody.

iv) try to bring some friend or relative along with u.

v) if possible take some legal step in ur country and try to obtain some orders from the court of competent jurisdiction so that in case of any legal hurdle the orders of the European Courts can be considered by the Indian courts on the basis of Doctrine of Comity of Courts.

feel free to ask further queries.

Andra,

Since your child was born in Europe and also not the citizen of Inida, Indian courts or the police do not have any control of the child. The child is free to move along with his mother and there would not be any restraining orders. The jurisdiction of the child is where the child is habitual and not in India. If you have any problems, you can contact you embassy or the European Union of Human Rights.

what is the view of your husband in the matter of baby and the conjugal rights of yours? when you have anxity then clear it from your husband in writting ( by letter ) first, then plan to come to india, if you feel a favourable atmosphere at your home in india.

normally it will not be problem, 3yrs baby must be in mother's care according to indian law. moreover the baby has passport and visa. is it right?

HI,

MY NAME IS VIDYA AND I M LIVING IN DUBAI... I M SEPRATED FROM MY HUSBAND FROM PAST 7 YEARS AND WE R NOT LEGALLY DIVORCED.. I WOULD LIKE TO MAKE MY SONS PASSPORT HOWEVER MY HUBBY IS NOT AGREEING TO PROVIDE ME WITH HIS DOCUMENTS FOR THE SAME...

IS THERE ANY LAW THT I CAM MAKE MY SONS PASSPORT WITHOUT HIS FATHERS CONSENT..........