You cab travel abroad with child as you have been granted sole custody of child and husband has waived off visitation rights 

1. You are an independent person now.

2.  You are not struck in marital bonding, as of now.

3.  You have the sole custody of your minor daughter and you are also legal guardian.

4.   Father of the child has also waived off visitation rights.

5.   Based on the above, you are free to migrate abroad with your daughter on temporary or permanent basis without consent of your ex-husband.

Your remarriage will not affect your custody of child as you have been appointed as legal guardian of child 

- If the said divorce decree having such clause of waving of visitation right of husband then his consent is not needed for the travel to abroad with the daughter. 

- However, by this order , you cannot be considered as legal guardian , as there is mentioned that in case of filing a case for guardianship , his consent is needed by way of No objection. 

- Hence, at the time of permanent migration a Court order may be needed for guardian 

- You can file a petition before the family Court for getting order of Guardianship. 

Can i migrate on temporary or permanent basis with my daughter to abroad without consent of my ex husband?

Yes,

Under Indian law, you can migrate abroad with your child without the consent of your ex-husband if you have sole custody and guardianship. A custodial parent's remarriage does not automatically alter custody arrangements in India. The courts will continue to prioritize the best interests of the child. The remarriage of an individual who provides stability and support for his/her children is generally regarded positively. Immigration authorities in foreign countries will also consider the child's "best interests." They will assess if the new living arrangement, including the step-parent, is truly beneficial for the child. The fact that your divorce decree states you cannot give adoption of your child to anyone in the future is a crucial point. Sponsorship is not adoption, but it represents a significant change in the legal and residential status of a child. If your ex-husband objects, he might argue that sponsoring the child diminishes his parental responsibilities. However, sponsorship is distinct from adoption.

Yes it may require consent from your husband as custody doesn’t have all sole rights of child

MADAM,

It is suggested that you may marry as per your choice and your present husband can sponsor your child without any problem. 

Generally, if you have sole custody and your ex-husband has no visitation rights, you do not need his consent to take your child abroad. 

However, it is highly recommended to carry a copy of the court order granting you sole custody and any relevant travel documents when traveling internationally. 

When a court grants sole custody, it typically means you have the exclusive right to make decisions about your child's residence, education, healthcare, and other significant aspects of their life, including international travel. 

If your ex-husband has no visitation rights, it further reinforces your authority as the custodial parent and reduces the need for his consent for routine activities like temporary or permanent relocation to abroad. 

There is no necessity for your husband to sponsor for your child to travel abroad because you can apply for it independently without his consent.

Your remarriage with another person will not in any way obstruct or hamper the child custody given to you by a court order, but in case of giving in adoption to your second husband, you may require the consent of your previous spouse. 

Since you have sole custody and legal guardianship of your daughter as per the mutual divorce decree (with your ex-husband waiving visitation rights and agreeing to give NOC if guardianship is challenged), you can migrate abroad (temporary or permanent) with your daughter without his consent.

If you marry abroad and your new spouse sponsors your daughter, no additional NOC is legally required from your ex-husband. However, for visa or immigration purposes, some countries may still ask for a NOC or custody proof—your court decree should generally suffice.

Adoption by the new spouse is not allowed without your ex-husband’s consent, as per the divorce terms.

If your marriage is dissolved by valid decree from competent court of law only then such decree passed by court are accepted for dissolution of marriage and only then marriage stand dissolved. If you are legal guardian appointed by court in its judgement then you are not required to obtain NOC from ex-husband. Sponsorship provided by ex-husband is no consent. 

Hi 
"Father has waived off his visitation rights too." - If it is done, then You can migrate with your daughter. 
But in the second point / Question, You have to take a NOC from your Ex-Husband regarding the same. 

In the circumstances explained by you, it will not attract any consent or NOC from your ex-husband with regard to your minor child.

It is always better to obtain NOC from your ex-husband; if NOC is not possible seek a family court order.

You are legally divorced as of January 2024 by mutual consent. You have sole custody and are also the legal guardian of your minor daughter, as confirmed in the mutual consent divorce decree. Your ex-husband has waived visitation rights and agreed that in case of a guardianship proceeding, he shall provide a No Objection Certificate (NOC).

Under Indian law, specifically the Hindu Minority and Guardianship Act, 1956 (also applied in general principles to Sikhs), and the Guardians and Wards Act, 1890, a mother who has been granted sole custody and legal guardianship by court can act independently in the best interest of the minor child. Therefore, you do not require fresh consent from your ex-husband to:

1. Temporarily travel or reside abroad with your child.
2. Migrate permanently with your child, provided such migration is for bona fide reasons (e.g., employment, marriage, better education).

Even if the ex-husband is the natural guardian under law, a court-approved mutual consent decree granting you sole custody and legal guardianship overrides that default position. Since your ex-husband has also expressly agreed to provide an NOC in future proceedings and waived his visitation rights, it strengthens your authority to make decisions independently.

Regarding the second part of your query:

If you travel abroad on a visit visa and later marry someone who is a permanent resident (PR) of that country, and your new husband wishes to sponsor your child as a dependent, immigration authorities may ask for an NOC from the biological father as a procedural safeguard to prevent child abduction or international custody disputes.

Even though Indian law does not require fresh consent, some countries — especially Canada, UK, Australia, and Schengen nations — often require a notarized or apostilled NOC from the non-custodial parent, even when custody is solely with one parent. This is to ensure compliance with international child protection norms like the Hague Convention on Child Abduction (India is not a signatory, but foreign countries may still apply their domestic standards).

If your divorce decree already contains a clause stating that he will provide an NOC if legal guardianship issues arise, and he has waived visitation, then that decree can be used as a substitute for individual NOC letters, especially if it's:

• A court order,
• Properly certified, and
• Translated/apostilled as required.

You can present this decree to the embassy or foreign immigration authority during sponsorship or visa application. However, to avoid delays or visa rejection for your child, it is advisable to get a fresh NOC from your ex-husband at the time of sponsorship or immigration, referring to the divorce decree, confirming that he has no objection to your child migrating and being sponsored by your new spouse.

Finally, your concern regarding adoption is valid. If the decree prohibits adoption of your child by any future spouse, that condition will legally bar your new husband from adopting your child in India. But adoption is separate from sponsorship. Sponsorship as a dependent does not require adoption, only custody and consent.

ADVICE AS PER QUERY:

• Yes, you can migrate abroad temporarily or permanently with your daughter without your ex-husband’s consent.
• If your new spouse wishes to sponsor your child, some foreign authorities may ask for a NOC.
• Your divorce decree can be used as substitute NOC, but getting a fresh NOC is strongly recommended to avoid immigration hurdles.
• Sponsorship ≠ Adoption. Your child can be sponsored abroad without being adopted.
• The prohibition on future adoption in the divorce decree remains binding in India.

In case you need my assistance in the matter I can be contacted on 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES

No doubt the court order grants you full custody  including no visitation rights for the father, it doesn't automatically negate the father's parental rights, which can include consent for international travel.

 The specific requirements can vary depending on the country of destination and the terms of the court order. 

Child custody (legal and physical) primarily determines where the child lives and who makes decisions about their daily life and upbringing. 

However, parental rights, including the right to travel with the child, often require the consent of both parents, even if one has sole custody. 

If the court order specifically addresses international travel or if the father objects to the child traveling, obtaining a NOC from the father might be necessary. 

If the father refuses to provide the NOC, the mother may need to seek a court order authorizing the travel. 

The court will consider the best interests of the child when deciding whether to grant permission for international travel.

 If the travel is deemed to be beneficial for the child, the court may overrule the father's objection or order him to provide the NOC. 

The time taken for disposal of the petition seeking NOC  will depend on the response from your ex-spouse in this regard, if he is willing to give NOC  for this purpose then the case will be disposed on the same day when he appears before court.

Litigation is long drawn process . notice would have to be issued to your spouse . after considering his objections if any and after hearing both parties could would pass orders . will take time 

It may take sometime. You need to approach competent court for the same 

• You can migrate abroad (temporary or permanent) with your daughter without ex-husband’s consent, as you have sole custody and legal guardianship per the divorce decree.

• If you marry abroad and your new spouse sponsors your child, no NOC is legally required from your ex-husband. The court decree should suffice for visa/immigration.

• Your new spouse cannot adopt the child without the ex-husband’s written consent, as per the divorce terms.

• If you still want a formal NOC:

  • File a petition under Guardians and Wards Act.

  • Court may issue NOC if uncontested.

  • Timeline: approx. 4–8 weeks.

Madam, 

it is suggested that the said process can't take more than 3 to 6 months because everything is already decided by the court.