Dear Sir, I got divorced in July 2015, and have a 4 years old daughter from my marriage. As per the court settlement terms, the custody of my daughter is with my ex-wife, and I am allowed to meet my daughter once every 6 months i.e June and December. I agreed to the once in 6 months arrangement as my ex-wife threatened me with dragging cases against me and my parents if I insisted on meeting my child more often. The court terms expressly say that I will pick up my daughter once in 6 months from my ex-in laws house in Delhi. Since getting divorced, my ex-wife without my permission got my daughter's passport made and has taken up a job in Germany. Last year in 2015 after getting divorced, I got to meet my daughter only on 1 day in July, as my ex-wife didnt turn up in Dec to India. She came to India this year in July, and now again is not planning to come in Dec 2016. In addition, my ex-wife does not let me interact with my daughter at all, either via phone or skype etc. Consequently, when my daughter met me this year in July, she had no idea who I was and refused to come to me altogether. Considering my ex-wife is not abiding by the terms of the court, do I have a right as a father to put a formal application to passport office for my child's passport to be revoked so that my daughter cannot be taken out of India? Please advise what options can I have? Regards.
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1) if yiur wife had failed to comply with consent terms and is refusing to permit you to meet the child take out contempt of court proceedings against wife
2) before you take out contempt proceedings issue legal notice to wife to comply with the consent terms and permit you to meet the child every 6 months
3) you can in I order to pressurise wife apply to passport office to revoke child passport
The passport cannot be impounded on the ground that the wife is not letting you to meet the child. You have to file a petition for execution of the court order so that the court can execute the order passed by it, but this is most likely to run into rough waters if your wife has taken the kid outside the jurisdiction of the Indian court. You ought to have played a more proactive role and filed a sought for injunction against her to restrain her from taking the kid outside the jurisdiction of the courts in India.
