aditya nag 14 November 2024

Custody of your daughter

My wife and I have not had good relations for 5 years or something. I am planning to file for divorce as my mental peace is being harmed in this marriage but she is saying that she will take our daughter out of the country. What steps shall I take to protect my parental rights and ensure that the custody of our daughter shall remain with me?

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jyoti nawar 14 November 2024

Dearest Reader,
I understand your concern regarding the filing of a Divorce petition and the custody of your daughter.
I am here to provide you with some advice that might help you out.
First of all, there are steps you can take to prevent your wife from taking your daughter out of the country.
Being a father, you can file a petition for the custody of your daughter under the provisions of the Guardians and Wards Act, of 1890, mentioning the facts that you are considering her welfare and your relationship with her as the primary basis for the custody.
Till the divorce proceedings are going on, you can seek the court to issue a restraining order or an injunction to prevent your wife from taking your daughter out of the country. As far as I know, courts generally issue such orders where the parents are involved in disputes over the custody of the child.
You can file a petition of temporary custodial arrangements during the divorce proceedings under Section 26 of the Hindu Marriage Act, 1955, (considering you are Hindu). You can also apply for the LOC (LOOK OUT CIRCULAR) in the nearest police station to restrict your child’s international travel without asking for your consent.
Referring to the case of Githa Hariharan v. Reserve Bank of India (1999), the court can uphold the fact that both the parents have equal rights regarding the custody of their child and the best welfare of the child is the primary concern of the proceedings regarding custody.
You can present some pieces of evidence that prove the fact that you can provide a much better life to your daughter in comparison to your wife. You can also go with the option of seeking interim custody, requesting the court for the prevention of your daughter’s international travel until the issues are resolved.
In the end, I would like to tell you that there is no guarantee that you will only get custody of your child but you can definitely prevent your wife from taking your daughter out of the country.