Wife taking child abroad

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?

111.she can do it with the permission of the court 2. no court can refuse to give vistation rights to a father 3.file a child custody case as the child compulsorily needs to be with the mother ill 5 years only.4. file a petition for speedy trial 

Dear Mr. Raj,

You raised some very pertinent questions in respect of child custody as well as cotinuation of matrimonial relationship even after desertion of more than six and half years.  The matter requires deft handling as it involves the emotions of the child,that too girl child.  There are certain things, which I feel, you should have done.  First, you should have filed the separate custody case alongwith visitation rights, instead of interim releif of custody that is available under Sectin 26 of HMA, long, long back when she left you six and half years back.  You should have also sent monthly maintenance amount for the girl child since her birth, as you were aware of the estrangement cropped up between the spouses and there was less likelihood of her coming back to matrimonial home was bleak.  Any how, we should not cry over spilt milk.  Buck up, wait for 25th Feb. outcome and comeback on this forum to let us know the result.  Now also I suggest the following few tips:

1.  File custody case along with visitation rights. 

2.  You should not stop her to go abroad for her official duties.  It would make you a villain in the eyes of the society.  You have to mould your prayer in such a way that your desires are fulfilled while there will be no impendiments in her career progression.  So, you ask for winter and summer vacation of your child with you.  If she is going to Bhutan in April, you can have the company of your child in June (summer vacation) of this year and December (winter vacation) of this year.  As long as she will be in abroad assignments, you can get visitation rights in same or similar fashion.  Move an appliation for expeditious disposal of visitation rights application, before April, 2015.  

3.  If you are not seeing the pace of disposal of your visitation application here in intending custody case or the order that is coming in pending Sectin 26 has  got a tilt towards the mother depriving you of the visitation rights,  go for civil misc. main petition before the High Court seeking the visitation rights.

As long as you won't disturb your present advocate and if you require any further assistance in this matter, you can call me on 9868332610 between 5 to 6 PM. 

i to agree that do not disturb her career and in the same way already you have file a visitation rights and while filing custody rights you can pray for a interim prayer that give custody till she returns from bhutan to you in this way you have access of your kid to you