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?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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.
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
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.
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.
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.
