• Interim custody of my son

Dear sir 

iam a working Mom with my 3 years old son who is with me and my husband who has left me 2 years ago and now we filed divorce in mumbai and iam planning to travel to abroad due to my job and i would like to take my son with me, would like to know what options do i have in terms of getting interrim custody of my son and apply for his visa and other formalities and my husband is not even send or supported me or my son for the past 2 years and now he is threatening me that he will take away my son from me. kindly need your advice on the issue how to handle this.
Asked 7 years ago in Family Law
Religion: Hindu

8 answers received in 10 minutes.

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14 Answers

1. If the child is with you then there is no need to get any judicial order either to have permanent or interim custody

2.You being his mother can take the child anywhere you want.

3.Only of your husband has got some objection then only he can oppose and file case in court.

4.So ignore his threatS and before he manages to file any case or procure any order from court take the child abroad and enjoy your life.

GOOD LUCK.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Since your child is already in your custody, you need not apply for child custody .

You can apply for visa by giving a declaration about the current matrimonial dispute in a white paper and obtain the same. You dont be careless till your husband snatches your child. Dont allow him near.

Let him approach Court seeking relief

You can take your child abroad if there is no restrictions from Court.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1.In that event you need order from court..

2.So file a custody case under Guardian and Wards Act and then apply for permission of court to take the child abroad.

3.if court allows then consent of your husband is of no consideration.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The rule in this regard is changed

You may approach the authority once again and explain the situation in terms of latest amendment in this regard.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1) in divorce petition make an application for custody of your son

2) seek court permission to take son abroad

3) since your child is only 3 years old court would grant you custody of the child

4) welfare of child is the paramount consideration

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

since your husband is refusing to give consent tletter for processing son visa application take court permission to tke child abroad

2) if court grants permission you would not need husband consent letter

3) in your application mention that your husband in last 3 years never visited the child or paid any money for his maintenance

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

when do you want to go abroad ?

in your application mention atht you have to travel abroad on X date . seek permission to take child along

3) give an undertaking that you will retrun with child to india within X period

4) your lawyer can guide you as to time taken for obtaining court permission

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Dear Querist

Immediately file an application U/s 26 of Hindu marriage Act-1955 for the custody of child if there is any divorce case pending before the court and get the interim custody because as per Hindu law, till the completion of 5 years of the age of child(son) and being a natural guardian Nobody can challenge your rights over the custody of the child.

apart from the above, you may file a domestic violence case and claim child custody U/s 21 of Protection of Women from Domestic Violence Act-2005

apart from the above you may also file a Child Custody petition U/s 7,9,12 of the Guardian & wards Act along with an interim application of interim custody of child, the court has power to pass an ex-party order in your favor.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you should file a suit before the court of district judge under guardian and wards act. you should seek permanent custody of your child because your husband is reluctant about his care and custody. you have to show that for the welfare of the child full custody of mother is necessary. you should also mention in the suit that visa application is still pending. after getting full custody of the child, his father's consent became immaterial for visa.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

officers demand consent of his father because according to Hindu guardianship act father is the legal guardian of the child but up to the age of 5 years mother is the natural guardian. although you are the natural guardian but consent of father is necessary. when custody and welfare of the child is vested in you by order of the court then his father's consent became immaterial.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Did you file a joint petition for mutual consent divorce?

2. If yes then the terms and conditions listed therein should have made a mention of the custody of your minor child.

3. However, if it is not a MCD, then you can file a child custody case claiming custody of your son.

4. As per recently introduced rule, mother is eligible to apply for passport for her child without taking the signature of her husband.

5. Once you get his custody you can take him abroad along with you as per court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Mother is the natural guardian of her child up to his/her 5 years of age.

2. File a child custody case and pray for interim custody with leave to take your son along with him to abroad.

3. Based on the said court order apply for Visa which is likely to be granted for your son.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You shall have to first file the child custody case.

2. Thereafter your lawyer shall have to file an application for interim custody for taking your son along with you abroad where you have been scheduled to go for your professional compulsion.

3. The application for interim custody should take 1 to 2 hearings to be decided if its urgency can be communicated by your lawyer to the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

There are no restrictions from court or from any legal bodies as of now and i completed 2 counseling and would like to know how long it will take to get the court permission to take my child abroa

The time taken for getting permission from court will depend on various facts hence it cannot be predicted.

You may follow it up properly through your advocate.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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