Kindly approach the court and seek for custody of your child and without NOC of husband you cannot go ahead. Inform court of your husbands harassive tactics

File petition in family court seek court orders to permit you to take child abroad

2) if your ex husband contests then you have long drawn legal battle ahead

You can file the petition for custody of child. You can take plea that its for child future

1. The terms of the MCD reached by the parents does not effect the welfare of the child.

2. So the breach of the terms of the agreement does not make the penal clause binding if the welfare of the child is not hampered.

3. In other words if taking the child to abroad is for the betterment of him and his welfare is not getting adversely affected in any manner then your ex husband can not force you not to take the child away.

You need to take NOC from your ex husband as legally he have the custody in case of relocation.

Please move a petition in the family court in this regard and let the husband contest/reply.

A child custody petition has to be filed before the family court seeking complete custody of child and taking child abroad.

See the consent terms of divorce between parents cannot be said binding on child's future so even if you both have agreed then also for welfare of child you can pray before court further only welfare is paramount in case of custody no agreement shall be breached by proper procedure.

If the said condition was imposed by a court order then you cannot do anything about it other than approaching court with a petition for revision of the order based on the changed circumstances.

If there is no respite from court then a compromise with ex shall be the next option.

Over and above the stipulation, it is the interest and welfare which prevails over any other consideration.If your daughter is capable of making intelligent and prudent decision befitting her mental attainment, then, you can relocate along with your daughter. If your daughter is not inclined, then, it's an issue.

The welfare of the child will be taken into consideration and the clauses of mutual consent of divorce will not affect the custody of child. But you need NOC from father to take your child to abroad as such file a petition for sole custody of child. If he contest the case there will be further delay to take the.child abroad.

Dear Madam,

You must again approach the Family Court to change the conditions stated in the mutual divorce due to change of circumstances. A notice will be issued to your ex-husband. The application will be decided on merits weighing your pleadings and pleadings of your husband and accordingly Court may allow you to take your daughter with you to abroad. The Supreme Court says consideration of welfare of the child is the main issue, it is reproduced below:

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Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

CIVIL APPEAL No. 1966 OF 2015

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.

If you have agreed before the court in mutual divorce that the custody will go to father if you relocate then it is binding on you. If you still want to challenge it You need to file custody again in the court on this ground.

Hello,

File a suit under section 25 of the GNW act in order to claim the sole custody of the child.

Get in touch with a local lawyer who may help you in the same.

Regards

Though there was a clause to hand over the custody to the father if in case you shift to abroad, but it was only to the extent as to what is the brain and physical status of the child.

If she says no before the judge then you may not be in any trouble as 11 years considers to be a age of thinking is its own.

Hi,

As per the terms and condition of MCD, you may have to handover the custody of child to husband.

Dear Querist

if there is a condition regarding the child custody and the condition is that in case of traveling abroad or relocated then the child custody will have to hand over to your ex-husband then he rightly claims the child custody. it will be better to settle the matter amicably with him.

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