• What is required for single parent to move abroad

Me and My wife are in process of Divorce, This is as per Islamic way. My wife is likely to give my daughter who is 13 years to stay with me after divorce. I was in US 2 years back and Later moved to India due to Job lost in covid situation. I may have a plan to move to any country later , what is required in form of document that allows me to apply for Visa for my daughter for any Immigiration to any country . I will try to get document signed if my Wife agrees i.e during sign of divorce and not to run behind later which will eventually delay and stop my travel and no companies will wait for my personal problem.

Kindly advise
Asked 1 year ago in Family Law
Religion: Muslim

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15 Answers

Khulanama should provide you will have sole custody of your daughter and shall be at liberty to apply for her passport ,visa to take daughter abroad 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

you will need to provide a copy of your daughter's birth certificate as well as proof of your legal guardianship in order to apply for a visa for your daughter. 

you may also need to provide additional documents such as a marriage certificate or proof of your divorce ( Qulanama or Mubarat Settlement Copy Issued by State Waqf Board)

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you are getting your marriage dissolved as per Muslim law also, you can get your divorce declared by filing a suit for declaration suit in the jurisdictional court.

Let she appear before court and state on affidavit that their marriage was dissolved under the provisions of Muslim law and that she is willing to give the custody of the minor child to her husband and that she has no objection for her husband to take the child abroad for higher  education purposes..

If this is content is put as a prayer in the suit and the suit is decreed accordingly, then you may not find any problem for immigration or visa in future. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

you can move abroad if any case or court's restrictions are not against you.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You need a court order of permanent custody of child. 

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear client, 

If you want to apply for a visa for your daughter to travel with you to another country after your divorce, you will need to have the necessary documents and permissions from your wife.

Here are some documents that may be required:

Passport: Your daughter will need a valid passport to travel internationally. If she doesn't have one, you will need to apply for it.

Consent letter: If your wife agrees to let your daughter travel with you, she should provide a written consent letter indicating that she agrees to the travel and that you have her permission to apply for a visa for your daughter.

Custody order: If you have a legal custody order that gives you sole custody of your daughter, you should provide a copy of this document. This will help demonstrate that you have the legal right to take your daughter out of the country.

No-objection letter: Depending on the country you are planning to visit, you may need a no-objection letter from your wife. This letter indicates that she has no objection to your daughter traveling with you and may need to be notarized.

It's important to note that visa requirements vary depending on the country you are traveling to. You should check with the embassy or consulate of the country you plan to visit to find out what documents are required for your daughter to obtain a visa.

 

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

As you are in the way of dissolution of marriage, get it recorded in the form of memo and pray the court to pass it in the form of order. If not, even if it is recorded in the affidavit of your wife that she is voluntarily handing over the custody and guardianship of the daughter, that would suffice. As per islamic daughter once attained puberty shall be under father's custody and he will be the legal guardian.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

- If you will get divorce out of the court , then the said certificate of divorce granted by the Qazi will not accepted by the official for visa purposes, however it will be valid in INDIA. 

- Hence, you can file a declaration suit before the court for getting divorce decree and to get the custody of daughter permanently. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Khulanama is the evidence to prove the dissolution of marriage. 

For taking the minor child abroad the child custody order from a court of law is essential. 

NOC is a supporting document alone. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You need to have decree of divorce from court. Coz I doubt qula document will be applicable as it doesn't have court's endorsement. You can apply the court under sharia act and do the needful 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You must register your khula nama 

 

mere un registered khula nama would not suffice 

 

If khulanama says you have sole custody of your child spousal consent is not necessary 

 

you can as matter of abundant caution take affidavit from your spouse that she has no objection to you taking child abroad 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

is well established that in a proceeding under the Act for the custody of a minor it is the welfare in the widest sense of the term that is to be considered, though the father as natural guardian may have a prima-facie right to a minor's custody. It can be negated only if minor's welfare lies in keeping him in the custody of his mother. Merely because the father is the natural guardian under the personal law applicable to him, the custody of the minor cannot be entrusted to him having in mind overall consideration of his physical and material well being, education, up-bringing, happiness etc., the dominant consideration shall be the interest of the minor than the claims of the rival parties.

2) in your case wife has applied for khulanama 

 

3) apply for guardianship after divorce 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes you can apply for the same to be a legal guardian based on your fatherhood 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The child custody is totally a different subject to that of the matrimonial dispute between the spouses.

You can very well apply for child custody as a natural guardian of the child and on the basis of the child is under your care and custody.

You can think about 'Khula' at a subsequent stage also.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear client   

As a Muslim father, you have the right to apply for legal guardianship of your minor daughter through the court even without obtaining a Qulanama or Indian divorce. However, the court may consider the Qulanama as evidence of your wife's willingness to relinquish her guardianship rights.

The process of obtaining legal guardianship can take time, and the timeline may vary depending on the court's workload and other factors. It is important to note that the court may require both parents to consent to the guardianship arrangement, and if your wife does not show up to give her consent, the court may delay the proceedings until she does so.

It is advisable to consult with a family law attorney who is familiar with the laws and procedures in your jurisdiction to obtain accurate information and guidance on the legal guardianship process. The attorney can also advise you on how to proceed if your wife does not consent to the guardianship arrangement.

 

 

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

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