Husband planning to take daughters abroad w/o my consent to settle.

In Child Custody Law

My husband might take our daughters out of the country without my notice and consent. We have had conflicts in our marriage for quite some time and have 2 daughters aged 2.5 years and 6 years. Now he plans to settle out of India and I am afraid that he might take my daughters along without my consent.

I don't even have a passport and would not want to lose my daughters in any case. Can I stop him somehow and can I apply for the custody of my daughters without going for Divorce?

Also, how can I get financial support for the education and upbringing of my daughters?

Answers (1)

181 votes

The Child custody matters in India are governed by the Guardians and Wards Act 1890, which is applicable to people of all religions in India. Under this Act generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother. However, courts also consider specific personal laws while giving their judgements.

Hindus are governed by the Hindu Minority and Guardianship Act 1956. Although the Act provides that the father is the natural guardian of the child, the paramount consideration for custody is the welfare of the child. Courts in India have therefore tended to give custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection.

Hence you can file a petition for custody of your daughters. You can get a restraint order from Court that your husband should not move the children out of the jurisdiction of the concerned Court.

You can even register a complaint of Domestic Violence against your husband and pray for temporary custody of your daughters under Section 21 of the Protection of Women from Domestic Violence Act, 2005.

Now with respect to financial support, the same can be claimed under the Domestic Violence Act or even under the Hindu Marriage Act when the custody of the child is granted to you.

Lastly, to answer your question about Custody without Divorcve - Yes, you can file for custody of children without filing for divorce.

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