• Can I take my child outside India to settle down

I have a Decree stating;

This Petition coming on this day before me for final hearing and disposal in the presence of both parties, this court doth order and decree under
1. That the marriage dt xx-xx-xxx between the petitioner 1 & 2 be and is hereby dissolved.

2. That the minor child be and is hereby shall be in the custody of the 1st petitioner/wife.

3. That they shall have no claims against each other against each other regarding maintenance. 

4. That there shall be no order as to costs.

I got married to an Indian living in Germany and want to settle down there forever. Embassy is asking me for an affidavit, stating;
''that I am allowed to take my 16 old daughter (who is still a minor) outside India forever on basis of this Decree Text.'' 
Can you please tell me if this kind of Affidavit is possible to get from a family Court without my Ex husband being there?
Asked 6 months ago in Family Law
Religion: Hindu

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8 Answers

The decree clearly states that you shall have the custody of the child. There is no need for an affidavit as the court's order is sufficient.

An affidavit can be made very easily. Engage a lawyer who will make an affidavit and notarize it.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1) as per divorce decree you have sole custody of your daughter 

 

2) your ex husband does not have any visitation rights 

 

3) you can take the child abroad

 

4) affidavit has to be executed on Rs 100 stamp paper and duly notarised 

 

5) you don’t need affidavit from family court 

 

 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

The custody of the child has been granted to you.

However you cannot take the child with you abroad without the consent of the biological father.

The family court cannot pass any such order as per your desire. You may have to obtain his consent or permission as per procedures of law in order to take the child with you to abroad.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Without getting written permission from your ex husband you wouldn't get visa for your child. 

Another option is to obtain order from the saud Court on this issue. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Dear Ma'am, 

1) As per the decree you have the sole custody of the child. Thus you can take her with you on the basis of the decree it self.

2) A simple affidavit notarized on stamp paper is enough. You don't need to approach court again for the same.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Hallo

The basic assurance needed in your case is that the child is not eloped by one parent without consent of another. You can very well give your affidavit duly attested and mentioning the terms dictated in order of the court. Also you need to clarify in that affidavit specifically if the court has given you the full custody or not. The family court doesn’t give affidavits, but on the basis of that courts order you can draft your own affidavit stating the contents to be true and correct.

Amit Bhanot
Advocate, Chandigarh
10 Answers

Not rated

no family court will execute any affidavit like that. you need to execute it as per your own. else you need to apply to family court for giving directions to the passport office

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

The decree order that,  “That the minor child be and is hereby shall be in the custody of the 1st petitioner/wife.” The words ‘hereby’ and ‘shall’ say that the from the moment of decree the minor shall be with mother, forever. File a affidavit as required, the decree is clear that  absolute and permanent custody of minor is given to wife 


Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

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