There is no stay order restraining you from relocating to another city during pendency of divorcé proceedings with your kids 

you are free to relocate 

- Since , they are under your care and custody presently , and if there is no visitation right granted to your husband then you can even relocate them without the court order as well. 

- Further, if there is an order for the visitation right to your husband , then the permission of the Court is mandatory. 

- However, you can move an application before the said family Court for getting permission of relocation them on the same ground which you mentioned herein. 

You cannot be restricted to move out of this place and relocate to some other city even by court.

However relocating the children along with  you to the new place may be a little problem. But you can demonstrate that the relocation of children is in their best interest and as the children welfare and interest is paramount the court may not restrain you from relocating even if he is vehemently opposing and seeking an order of injunction against you in this regard, 

You may have to support your pleadings with the help of documentary evidences in your possession to defend the interests of your children as well as ours if at all he is filing any application before court seeking an order or restrain against you.

As the primary caregiver and custodian of your children, you generally have the right to move to another city for work, your children’s education, and healthcare, especially since the father has not been involved in their upbringing and rarely interacts with them. Indian courts prioritize the welfare and best interests of the children over the objections of a non-custodial or non-involved parent.

However, if divorce and custody cases are ongoing, it is always advisable to inform the court (and ideally the father) about your move, especially if it involves significant relocation that could affect visitation or contact. Courts expect transparency and good faith, and moving without notice can sometimes be used by the other party to allege you are trying to obstruct access or hide the children.

Your reasons for moving—better job opportunity, improved medical therapy for your son, and your role as sole caregiver—are all strong grounds that courts accept for relocation, particularly when clearly documented with recommendations or medical notes. If needed, you can file an interim application seeking the court’s permission, highlighting the father’s lack of involvement and the clear benefits for the children.

Regarding informing the father:

• It is safer and more respectful to let him know before you move, sharing basic details about the move, new residence, school, and reasons (therapy, work), to avoid future allegations of bad faith.

• Courts look favorably on parents who act transparently and allow reasonable opportunities for visitation or contact; you may offer to facilitate future visits in Chennai or video calls.

If your lawyer advises it is acceptable to inform after making arrangements, there is no strict prohibition—but early disclosure protects you from unnecessary disputes or legal objections.

You may contact us for help in drafting notices or court applications for relocation. Your circumstances support your right to move, and courts seldom restrain a genuinely responsible parent acting in the children's best interests

No don’t let him know earlier 

make  residential school arrangements then inform him 

you can move but he may approach the court for custody if you don’t take his consent and you also need to allow him to meet them 

By letting him know that you have relocated to Chennai after having settled there in Chennai would be beneficial to you to avoid he filing any habeas corpus petition for not finding the child.

You may proceed as per the advise rendered by your advocate which appears to be proper to the prevailing circumstances.

1. As no order as to custody of kids is made, you can take the kids to Chennai. If he files any application seeking custody, you can oppose the  it on medical grounds and on the  ground that he is not providing any expenses and not interested in taking care of kids.
2. Filing any application for relocating before taking them to Chennai will give her chance to create hurdles.

•Document your reasons: keep the therapist’s recommendation letter, job offer letter, and proof of better facilities in Chennai.

•Move, settle, then inform him politely in writing (email/letter), and also inform the Court in your next hearing.

•If you want to be extra cautious, file an interim application before the Family Court for relocation—though not mandatory, it avoids future objections.

• You can’t simply relocate without informing; safest is to seek court permission through an interim application.

• Courts usually permit relocation when it benefits the children (education, therapy, mother’s job).

• Informing the father after moving may create complications; better to either seek court’s nod now or at least inform him in advance once arrangements are made.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)

- Yes, it is better to inform him before admission in school and residential arrangements in Chennai after giving him notice that the child is in care of custody of you and already relocated to Chennai. 

There is no court order restraining you from relocating to another city .you can relocate 

2) application taken by husband will take more than a year or so to be decided 

3) court would award husband visitation rights .doubtful he would get custody considering fact he never bothered about kids earlier 

Section 7 of G & W Act empowers the court to make a guardianship order if it is satisfied that the order is for the welfare of the minor. 

Section 10 prescribed the format or an  application for guardianship  in the prescribed form and signed and verified according to the Code of Civil Procedure.

Both the above sections are pertaining to the child custody as a guardian, though this may not be applicable since the father is considered to be the natural guardian to the minor children though the custody of the children are with the mother. 

1. You can file a petition with the court to address the relocation, clearly stating the reasons and demonstrating how the move is in the children's best interest. 

2. File a petition with the court to request permission to relocate. 

You must include the reasons for the move and explain how it will be in the children's best interest. Your reasons can be supported by documentary evidences especially demonstrating your urgency to relocate in the best interest of the children.

3. You prove his illness with documentary evidences, which will be considered by court in your favor especially when the child's interest is paramount.

If there is no order against you then you can relocate. Try to relocate before any interim order is passed by court against you

1. Yes, you must get court permission before moving to Chennai with your kids since custody is pending.

2. File a relocation petition under Guardians and Wards Act, highlighting children's welfare, better education, therapy, and your job.

3. Given the father's absence and anxiety disorder, court is unlikely to give him custody; your role as primary caretaker is key.

Act quickly, focus on children’s best interests, and provide evidence to support your case. Courts usually allow relocation if beneficial for the kids .

• File an Interim Application in the custody case for relocation to Chennai.
• Attach all supporting documents (job offer, therapist’s recommendation, proof of father’s absence).
• Until the court permits, avoid shifting with the kids.