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Can I take my child out of India without father's permission separated
08-Aug-2023 (In Divorce Law)
I am a single parent not yet divorced. Want to take my kid(6 year old) with me but my husband not providing his consent. Can I take my kid out of India(for 3 years) without his consent?There is no case in court from his side regarding the custody of the child.My kid is totally under my custody from last 5 years. What should I do?
Yes you can take with him or you can file a case for custody of child so your husband can't file a false and fabrication case against you . Simply apply for court for custody of child and Ake with him
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Adv. Akhil Verma
Delhi | 400+ Answers
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Dear client let me clarify you one thing that if there os any case is pending between you and yiur husband in the court of law regarding maintainance, divorce, or custody then it is not advisablr to leave the country. If nothing is pending then it is up to you whether you wsnt to go or not
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Adv. Sanjeev
Delhi | 100+ Answers
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Hi, as per the trend in vogue the consent of both the parents are required for taking the child abroad. Since, you are not divorced or judicially separated you may not get such permission by authorities. However, you may take some certificate from the persons of repute such as ward commissioner etc. that you are single parent and you have full custody of the child. This may lead to some good favour for you.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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