• Injunction order against movement out of city limits

The Honorable High Court permitted my minor child (age 13) to have her passport renewed with an undertaking from me that I will not move her out of the country without directions/final verdict on custody matter that is currently subjudice in the the Family court. I have complied to this. 

Now the child's father has approached the family court with a request for an injunction order to stop the child from moving out of the city limits. He has no contact whatsoever with the child for over two years now, does not even speak to her over phone and also does not provide maintenance. I am completely responsible for her. Moreover, the child refuses to meet him stating she does not feel safe with him or trust him. In this context can the family court pass an injunction order stopping the child's movement within the country? Wouldn't that be against the fundamental right to freedom of movement?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

Hi, you have to file a objection to the application filed by the father and you can contest the application on merits.

2. You can make a statement in the court as per the direction of the Hon'ble High Court, the child will not be taken out of Country so that, present application is not maintainable.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1) draw attenhtion of family court to fact that husband is not paying maintenance for child

2) further during last 2 years he has never called the child nor met her

3) family court would not pass any orders restrining your daughter from travelling beyond the city limits

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You have to file your objection with regards to your husband’s petition for injunction order to stop the child from moving out of the city limits. Mention about the facts of non payment of maintenance for child. Also indicate Childs feelings and fear to meet your husband. A chamber counseling is good to reveals the truth. You can ask maintenance from father by filing a petition for the same.

In the Counter you have to highlight the high court directions. Up to the age of 18 Children’s are under the control of parents or guardian. Fundamental right to freedom of movement is not concern about the Child. The court will consider your objection and will pass orders with considering all the aspects.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. Do not worry as the relief sought for has no basis , such relief is very unlikely to be allowed for sure.

2. So I find no change of passing any injunction.

3.if your child is uncomfortable to meet him ,you may file petition in court not to allow him to meet the child anymore.

4. So just relax and contest the petition.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

on these conditions he (your husband) cannot do so. according to guardian and wards act court is bound to see welfare of the minor and in your case it is welfare of the minor to keep in custody of his mother.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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