Fathers right

nothing called dumping a husband exist in law.

have they obtained divorce through court ?

if no, then they are still husband & wife in the eyes of law.

the wife and the daughter enjoy all the lawful rights against the Man.

Ok lets say husband filed a divorce case one year ago in India and she is not tracable in india and she has changed her address in US as well, So there is no comminication between them and now you are giving me advise about she enjoying all the rights of being wife is very well accepted. Thanks for that. Query is never about why she is enjoying it coz our judiciary allows such things to happen where wife is not living with husband for last 7 years and despite 7-10 summons nobody is ready to accept it and for honorable Judge its alll about getting the summon serviced before he takes any action on divorce.(Where to send the summon? and who will accept it?) The divorce case is going to be endless loop and I don't want to question you guys knowledge but well experienced lawyers are not able to deal the divorce case and are not sure what they can do, All they can say is lets wait and see. Usual Taarikh pe Taarikh.

The query is still about child, can a kid be taken to other country without fathers consent?

can a kid be taken to other country without fathers consent?

Yes, till the father do not raise any objection !!

pl. dont get irritated. One has to bear the judicial system. Be cool and try to find solutions. 

she has taken the kid along with her to USA.

contact US embassy - u will get her address. send summons on that address.

some references - might be helpful

Leaving home by the husband intending thereby terminating cohabitation permanently that conduct would amount to desertion on the part of husband. But, where the husband claims restitution of conjugal rights after a big gap of seven years, there is justification when the wife does not accompany her.-G. Ramakrishna Pillai v.j.Vijaya Kumari Amma AIR 1990 Ker 55.

Where the wife deprived her company for two and a half years and for this there was no fault on the  part of husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to survive.- Ratneshwar Misra v.Prem lata Devi1987 (1) HLR  255.

further, is she has deserted since last 7 years, husband should be able to prove that sufficient efforts were made by him to search her.

US Embassy has refused to give any information without her(wife) consent and If you still want embassy to provide the information they need her legal representation and some how no one else can be her legal representative except a person who is holding a signed document from her stating that she has authorised this person to get information from embassy on her behalf beside herself.

I think you are not able to understand the problem here, Lady is all set to finish the guy and still wants to enjoy everything, and she is in a way successful in doing so. The last thing she has done is taken the kid and now the father has no hope left in India, he lost wife almost 7 years ago and now he will lose the kid as well in due course of time.

1. Shouldn't it be illegal to take a 6 years kid out of country without consent of her father?

2. What rights father has so that he can trace how such thing was done and what corrective actions he should take so that things are clarified that someone forged the documents and did illiegal things. and now the people who planned those things are asked to submit explaination or things are undone.

3. Definitely father is not aware that kid is being taken to USA now whom to object? Where to approach?

4. Can RTI help him in this regard? Like calling Passport Dept to know what kind of passport was issued  for the kid and things like that?

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can a kid be taken to other country without fathers consent?

Yes, till the father do not raise any objection !!

Gentleman law has no where permitted that a mom or dad can take such a severe action and elope with kid and thats why they have put neccessary provisions so that such things doesn't happen but in India people are able to get away with it by taking alternative route. So please be careful when you say kid can be taken abroad without fathers consent, They do ask such document and I m sure this lady has taken the alternative route avaiblable in India and thats it. So please don't misguide people by saying yes kid can be taken without fathers consent till the father doesnt raise any objection.

You raise objection only when things are done. Can you raise objection before kid is taken abroad? Whats the use of such objection if you can only do it after kid is in US? Thats why law has made sure that things don't reach there and before hand they ask for fathers consent incase she is applying for her kids passport or getting it endorsed on her passport coz kid is minor. 

Now only thing remains how she could get away with this. Chances are alternative route was taken. and who can help to know if thats the case?

Time and again you are advising me about what husband can prove and what he can't prove in the court of law to get rid of a lady who is totally armed to finish the guy, Why can't you understand the fact that she has done everything so that the guy lives a loners life for almost 7 years and now she is going one step further where she is moving the kid to US and  again you are talking about  how to get rid of that lady.

I know if at all I can find out that lady has forged the document to transport the kid from India to USA i can make sure the lady comes running here and do whatever is asked coz she will not be able to bare the consequences of forgery she has done at international level and she will come to talking terms who is not letting people know her exact address same lady will beg for settlement. The only problem is I have no idea who will help him to know what kinda documents were forged before all this could be done

My friends wife dumped him about  7 years ago

husband filed a divorce case one year ago

what actions were taken by husband during these 6 years to search for the lady ?

In case there is continuous demand of dowry on the part of husband, this would amount to giving reasonable cause to the wife to withdraw herself from the society of the husband.-Narinder Kumar v.Chander Prabha 1990(1)HLR518

on the grounds like - demand of dowry, wife can desert husband.

a metro wife can dig up a heap of grounds. there can be n number of causes, she can fabricate.

the wife will also be given a chance to defend her side

place urself in her shoes and think about her defence

@ Author


Court loves hearing vigilant litigant(s) and not sleeping litigant(s). Hope you understand such simple saying.


Here is a simple warm-up Que. to U: Walking on street someone barely known to you SLAPS you, will you take 1 + 3 months = 7 years to stand up to your social rights?
Remember members of Bar have a saying in matrimonial Law suits–
“You only come to know you wife when she takes you to Court!”
{This barely known person is your wife BTW !!!}
Reasoning (colly.):
1 month before delivery of a child she leaves you = You are quite of a wives absence from her matrimonial home does it not show against social norms of a husband!. I saw this missing from your query like efforts taken to woo her back thus such inference drawn.


3 month post delivery of child – You are again keeping quite about a newborn child and also about a mother to your child does it not show against social norms of a husband!. I sa1 this missing from your query like efforts taken to see new born child / gifts given to mother – child / offer for child birth no matter how much social enemy they were and or efforts to woo her back thus such inference drawn.


Law follows society to accommodate, amend, stand by particular Bench(s) perception and/or gives direction to legislatures to modify Law as per social changes.


If you were quite all along these years then have courage and conviction to hear this now;


1. A Mother can seek passport of a child without father’s signature being child’s natural guardian.


2. A Mother can endorse minor’s name on her passport without father’s written approval being child’s natural guardian.
Above two are Laws of the land as per prudent observations; Law follows society. If you differ then produce citations that you only have special knowledge of, atleast I donot have such special knowledge. If challenged to produce citation on my above 1 & 2 say I will do the same here!


3. The parent under whose care a child is, the Jurisdiction Court if not challenged by other parent before child adjust to change in ordinarily residence maintains a status-quo unless and otherwise in one prime facie submissions declared unfit to be mother. I see all these important consideration missing except some utopian forgery charges dream!

4. Law of land is applicable in such briefs that also if challenged under 180 days (as child visitation / custody this is the reasonable period of apprehension court inferences first upon when a child is removed from ordinarily jurisdiction) and US Embassy shall not come into picture in private parties (citizens of non US countries) litigation no matter one party may be currently in USA.


5. There is nothing which can be worthwhile that can be done in this belated case of 6 and/or 7 years and to sleeping litigant(s) such are the case of beating bush now.

Also please note I’m not hear to tailor-make reply that could please five senses of queries. We members of Bar talk – speak law and if that does not suit queries then Court is there to seek Justice.


Finally there is nothing called instant Justice as justice delayed is justice denied and justice hurried is justice buried.

BTW if summons are not served and or if there is bonafide refusal then ex-parte proceedings procedure is always there but what good that may come as handy in 7 years old charging case.


PS.: All YOU are generic as I read here that this query is made on behalf of your friend!

I think I made a mistake of coming here and discussing some case coz looks like Mr Amit is all set to defend the lady in all respects. I am sorry mr Amit and I have understood that nothing is possible as long as people like you exist in this world who site the examples of 1990(22 years old judgements) when mobiles were not available and people believed whatever the lady is saying and every active member of family was put into jail just by one complaint from the girl.Help I wanted was not on divorce coz the guy is already fighting the case in the court of law and he is been guided by lawyers and Judges as to what to do and what not to do. I was just checking on if there is someone experienced in a case where mother goes abroad with her kid and father can do something to stop it coz its against his wishes. You have been able to convice me that Husband can't do anything even after 7 years of dessertion and same thing I am going to tell him and may be he will be wise enough to withdraw the case, but please convice me that a Father is also as impotent as a Husband in this country and he also can't do anything when his kid is taken to some foriegn country without his permission.

@ Author

1. From your first query and above quote it shows sometime say in 2004 a wife deserts her matrimonial home and after 1 month of desertion she gives birth to a child - Right !


2. If now it is 7 years of desertion then even Hindu Law favors a husband to get divorce on ground of "constructive" desertion. Why still today Judges and lawyers as you say above are guiding him and with what nature of cases? – Explain !

3. From your first query and above quoted text it shows sometime say in 2010 a mother who left behind child of a couple took the child who is now of 6 years age to overseas with her making child's passort – Right !

4. Suppose the husband friend of yours filed a case in 2004 and or anytime till date and is still being guided by Court and lawyers as you say then it looks strange to know by me that no one among the two guides (as you say Judge and his lawyer guiding him) ever told him to file a restraining plea application and or injunction application till date ?

Now here is insight before you check again caliber of experienced advocates in LCI and still if you are in doubt about our caliber then atleast you must not be having doubt in GOVT. OF INDIA and for the same refer to GOI’s official weblink on Indian Passport Office especially read wordings of Annexure “G” which is what she filed and got the minors passport and thus moved overseas in the absence of any restraining / injunction Order against her by your friend till date and it is perfectly normal to do if natural father has not taken necessary steps till date (That is what I said in my first large piece of reply which prompted you to further check caliber of advocates here by misunderstanding situational legal advise thus given by me)

https://www.passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable

and a very interesting FAQ’s is answered by GOVT. of INIDA and I quote the same here so that you need not have to carry on with further doubts

Q: Is it true that passport applications for minors under 18 require consent of either both parents or legal guardian?
A: It is necessary that either parent/legal guardian should give their consent while applying for minor's passport. Following documents have to be submitted in the given cases:

To check the complete list of documents to be submitted along with the application form, please Click Here. And read Annexure G.

I hope now you see where your friend probably was never guided properly all these days by as you say his Judges and Advocates ! He could have vehimently inference his WISHES before a Court of Law before she left India and not NOW!

[Even SC has recently allowed a Indian wife with minor that she can go to Australia with minor child and husband cannot stop her FREEDOM (though she did not even had a job there but she afterall went to OZ taking the child) this happened when husband challenged her leaving India. But in your friends case I donot see any CHALLENGE that he made and all that I see is beating bush being ignorant of Law and not properly guided in such sensitive scenarios.]

Now remedy for him is to file first of all a RTI Application to Regional Passport Office and seek first of all a True Copy of minor’s Passport with all Annexure filled in to get such and such Passport (remember this is a process similar to Lord Hanuman’s leap). After seeking that move an application to concerned Court for visitation rights of minor and to press the process service seek another application to call US Embassy officials to divulge her Visa Application stated Address (which I doubt they will come to Court to give on silver platter) and or alternatively serve the process service to her parents last known address by all service modes. Then wait for Order and now Execute that Order via Execution Court. Alternate remedy in case he already has true copy of passport is to start journey from Visitation application onwards as mentioned above.


Let us see what he gets as remedy (rights) now at such belated stage.


I also feel you are mixing two issues in your query; one desertion question and another child removal from original jurisdiction without consent of father though both are one and the same to you but I feel both are different issues and needs respective fast track approach before it becomes out of control situation and child adjusts fully to new jurisdiction.

BTW you didn’t make mistake coming to this premium legal forum infact now you are told what is what which unfortunately you are not reading down will cool mind how Law takes such facts and what remedy law has for vigilant litigants.

Thank you Sir I understand your point that court doesn't listen to sleeping litigant and thats why he can't get divorce and if I was that person I would have withdrawn the case right away coz now I believe it can't be done at this stage and it will be much more difficult 10 years down the line and after 20 years there would be no need of divorce then why seek it? So the boys case gets weaker with time and the girls case gets stronger where she can vouch that she had to dessert him for his constant dowry demands and she will be given fair chance to defend her case. Same was true 7 years ago if boy must have gone to court and in return girl slapped various other charges of dowry and cruelty and what not.

And please Sir don't feel bad, I m fully aware that you are not bound to give me what I am seeking and if I am not giving you any details as to what he had been doing for last 7 years coz I thought that was not relavant here but lets say I tell you that he kept visiting his in-laws in first year on  new year, first birthday and every time he ended up in Police Station with police warning him not to be seen here and once he was fined by court Rs 100 for trying to see his own kid on xmas eve. And to tell you the truth he had to go to court for 10 times to finally pay 100 Rs as fine and walk away in one year time. In-laws threats of killing him and police and others conviced him to go home as the girl is not interested to see him and its good for him and his family that his wife/in-laws are not taking any action otherwise he and his family would be in Jail.  Here I would say he and his family is so far safe coz they are influential people and they could have done that as well if the boy didn't keep it low and tried to get what were his social rights. This guy has now filled the divorce case in may 2010 after many people convinced him that although she can file all those counter charges after such a longtime however results may not be as bad as it could have been 5-6 years earlier and he and his family is quite safe and there is no harm in filling a divorce case since such a long time has passed. 7 Years and Hindu Law allows but looks like the guys wife doesn't allow it and she wants him to live like that and thats why she is not accepting the summons and keeps changing her residence and she is not appearing in the court coz she knows nothing canbe done if she doesn't appear in the court.

Also please check the postal system of US and I m sure you have no idea as to how mails are delivered I have lived there for 5 years so I think you can trust me on that. There is nothing like bonafide refusal. Here in India X person can refuse to take mail which is being sent to X(coz we all are cheaters and won't hesitate cheating for small things). In US postman will deliver the mail in the box unless mail is marked with "Signature Required", which is being done by Courier services and luckily courier services are not honored by our legal system and thats why 7 -10 Speed Posts have delivered nothing so far coz they just go in US and get dumped in some box marked for  that person and if person has changed residence then new resident may throw it in garbage bin. Even if the person lives there, would come in the evening and open the mail box, read the mail and will throw it in garbage bin.

We are quite fascinated with a system where mail comes with an acknowledgement card and postman will strip off the card and ask for the signature and return the card back to mailer. They aren't aware of such system and for them its a ridiculous thing to have, All they would want to see a stamp "Signature Required" and thats it purpose solved.

@ Akash, 

its true that Indian laws are gender biased.

also, we all appreciate ur sincere desire & efforts to help ur friend who is in trouble !

best of luck