• Interim permission to take my daughter with me

I got divorced in 2011 and had joint custody of my daughters (at that time 8 & 14 yrs old). I had not asked for maintenance as he had agreed to keep them for a year and then with me for a year. We live in the same area of the city. They went to stay with their father and grandmother but soon returned to stay with me as they did not feel secure and loved staying with him. They have been staying with me since 2012 and I applied for full custody & maintenance in 2013. The case has been going on since then. Initially they used to meet their father on weekends or whenever he pleased but slowly those visits also reduced as the children were not willing. Today the elder one is 20 but the younger one is 14 and so the fight continues. I had to approach the Honourable high court for the younger daughter's passport as her father had lodged an objection at the passport office. The High Court gave a verdict in my favour. I got remarried in 2015. My husband (NRI) is a heart patient and I wish to join him abroad to live there. I presented an application in the family court requesting interim permission to take my daughter with me or if she wished to, she could stay with her father - which she is not willing to. Pls note that he has refused to pay maintenance and fought to prove that since I am working, I can take care of the kids as I have been doing since 2012. I finally gave up my request for maintenance as I realized that he wanted to extend the verdict on the application I had moved and also needed all my *my husbands financial documents. So today he is scott free, no maintenance to pay, no responsibilities, does not even speak with the kids and haven't met them in the past 2 yrs. I am awaiting verdict on 15 May on the application I had moved for moving with my daughter abroad. I have also promised that every year I will get the child to India on my expense to meet her father, if she wishes to. What are my chances of getting a favourable verdict?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

It appears you have lot of merits in your side.

Not paying maintenance;

Not visiting the children;

Not taking care of their education or the expenses related to that;

Not bothering about their health and related issues.

Indications show that his intention behind objection to this is just to wreak vengeance on the matrimonial disputes etc;

All the above appear to be some vital points for arguments favoring your case/situation.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Your chances of obtaining favourable verdict are bright

2) your ex husband has not bothered to meet the children for last 2 years

3) h has not paid any maintenance

4) further children don't want to stay with the father

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

In the present circumstances i find great propspect in getting favoruable verdicit in your favour.

Seeing the conduct of your husband so far I do not think the court would consioder his opposition if any.

All the very best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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