• Single mother wanting to move abroad for studies

I'm a single mother and my 4 year old daughter lives with me. I was divorced under the sharia law and do not receive any maintenance from my husband. I want to go abroad for further studies and want to take my daughter with me. 
There s no court order of custody or visitation or divorce for that matter. 
Can i go abroad to pursue further studies? What s the legal implication of taking my daughter with me in case my husband doesn't give NOC
Asked 1 month ago in Family Law
Religion: Muslim

3 answers received in 30 minutes.

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14 Answers

you need husband consent to take child abroad 

 

2) visa would not be issued without biological father consent 

 

3) if husband refuses to give NOC obtain court orders to take child abroad 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, you should consult an advocate and discuss with him the facts of the case in details.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

If you are going to any gulf or Muslim countries then the talaqnama to prove your divorce would be considered as valid document for Visa and immigration purpose. 

However if you plan to settle down in any non Muslim country then you may have to obtain the consent or NOC from the biological father to take the minor child with you to that country, especially in the absence of court order for permanent custody in your favor. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

You can take her but you cant deprive father from her in the said process. 

If you ask he will not give noc

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

- The Sharia Certificate of Divorce is not accepted by the European Countries for the visa process , and it needs the divorce certificate from the Court. 

- Further, if you will show your status divorcee , then the question of custody of minor daughter will arise , and hence you may face trouble for getting visa for her. 

- However, for Muslim countries , these requirements are not mandatory , and even you can carry your daughter. 

- Hence, a custody order is required from the court , in the absence of NOC from husband. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

1. Since you were divorced under Shariat law and your daughter's age is only 4 years, you are entitled to have the custody of your daughter till she attains puberty or till you remarry.

2.  You can go abroad for higher studies and take your daughter also with you. 

3.  Since you have obtained divorce through Shariat law, and since no Court order for custody or visitation rights or divorce decree is existing, you can have the custody of your 4 year old daughter till she attains puberty or till you remarry .

4.  Your husband has to give NOC , since your daughter is only 4 years old, not yet attained puberty and you are not remarried and you have not violated the conditions of divorce under Shariat Law.

Shashidhar S. Sastry
Advocate, Bangalore
4142 Answers
258 Consultations

5.0 on 5.0

Make application seeking sole custody of your daughter and seek court permission to take child abroad 

 

Court  should grant you permission to take child abroad as your ex husband is not paying any maintenance and has not claimed visitation rights 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

You have to approach court with a petition seeking permanent custody of your child on the basis of the dissolution of your marriage with your husband invoking the provisions of Muslim personal law.

After getting  full custody of your child you can take the child to the country where you intend to migrate. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

If there's no specific Court Order not to take your minor daughter abroad and if there's no violation of visitation rights granted to your ex-husband, if any, then you can move to any country with your minor daughter.

Shashidhar S. Sastry
Advocate, Bangalore
4142 Answers
258 Consultations

5.0 on 5.0

Yes you can approach court

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

- As per law, you cannot carry the daughter without getting the consent of ex-husband or court order. 

- Hence, you can file a petition before the family court for getting full custody of the child , and after getting the same , he will have to right over his said daughter. 

- Further, if you file a petition of custody , and if he will not appear before the court , then the court may pass ex-parte decree of custody in your favour. 

- Further, even if he will appear , then also he cannot get the custody , if he is not paying maintenance & other expenses of the daughter even after getting divorce from you. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, make an application to the court for sole custody of your daughter.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

Yes you can file a suit in the family court and obtain an appropriate order. 


Regards 

Anilesh Tewari
Advocate, New Delhi
17940 Answers
374 Consultations

5.0 on 5.0

I have a case where women is not able to take child to Saudi even when both husband and wife are in Saudi but child is in India.

 

You need Child Custody allocated to you take child out of India/Visa for other countries .

You have to file GWC case for the same. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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