I got divorced in 2011. The agreement was that the two daughters would live 1 year with my ex husband and 1 year with me. Though the girls went to live with him, they returned in 6 months and then refused to stay with him. I approached the Pune family court for full custody of both the girls in Feb 2013. The matter has been going on till then. The older daughter is 20 today. The younger one is 14 and the issue is currently around her. The father does not meet the daughters, does not speak with them and does not even pay for their maintenance. They both are in my care and REFUSE to even talk to the father. I remarried in Nov 2015. I now intend to move to Dublin with my husband. Since my younger daughter refuses to go to her father, I approached the family court for an interim verdict to allow me to take her with me to Dubin. I had handed over the child's passport to the family court earlier. The family court has rejected my application and passed an order on my ex husband's application restricting the child's movement out of Pune city without the court's orders. I intend to approach the high court. What merits do I have?
1. You shall have to prove before the Court that your younger daughter does not want to stay with her biological father and in that case there is no alternative other than taking her to Dublin since she can neither be left alone in Pune nor you can be restrained from travelling to Dublin along with your present husband.
2. You should argue before the appeal court on the above line and you have very strong merit in your case.
1. i wonder why are still continuing with the custody suit. Since the child is with you only it is your ex husband who should have applied for her custody.
2.Now I is also strange why you applied for permission to take the child to Dubai as no such permission is required under law.You could have or still taje her to any place you want ,more so, when apparently no injunction from any court of law in place agaisnt her travel.
3. Since you have messed up your case for lack of proper legal counselling now you only hope lies in high court.
4.So file a revision in high court and seek its permission to take the child to Dubai . it is likely that the high court would allow your wish.If not then the last hope will be placed on supremecourt only.
Good luck.
1) welfare of child is paramount consideration
2) court may modify order of family court restricting daughter travel outside Pune
3) emphasise on fact that husband had not paid maintenance for children nor meet the girls
4) that daughter does not want to meet the biological father
6) wishes of daughter would be considered by court
1. It seems that an injunction has been ordered against you to restrain you from taking the younger daughter out of Pune. The remedy for you is to challenge the order of the Family Court in the Bombay High Court which can set it aside.
2. Ordinarily, an order restricting the movement of a 14 year old should not issue from the court, but in exceptional circumstances it can be issued when there is an apprehension that minor may be taken out of the jurisdiction of the court. Furthermore, if the court has dismissed your application for interim custody then this order can also be challenged in the High Court.
You can very well prefer an appeal against the aggrieved judgment,
You can seek maintenance for the second daughter and the first daughter can apply for maintenance separately.
You have all the merits and such movement of the daughter can not be restricted as the father is hardly willing to take care of the children. It is advised that you move to the HC expeditiously.
Regards
