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Mutual divorce ex husband holding passport of child how to get it
14-Aug-2023 (In Child Custody Law)
I have been divorced this april with mutual contest. my son is 10 years old , we have agreed on the following. 1. he can call him trice a week(1 video) 2.he has to pay 50 percent of school fees(and other expense for education and activites.) 3. he will pay 5000 per month and will revise every year. 4.child could go to him half of the holidays. 5. he can come and meet him every 2 months if he wish. now he is holding his passport and not giving him. as well i have a remirrage proposal with an nri so what should i do further legally so that i can take my son with me if not what are the issues i could face?
You have two options:1.File a criminal complaint against him under section 406 for withholding the passport.
2.send a legal notice for obtaining passport if he is not hand over passport than file a civil suit for obtaining passport.
2.send a legal notice for obtaining passport if he is not hand over passport than file a civil suit for obtaining passport.
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Adv. Amit Singh
Jaipur | 100+ Answers
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Madam, as you stated all the facts that as consent divorced decree ( your have not mentioned that there is any decree passed by court or there is only consent between you and your husband ) but if there is decree has been passed then, obviously you both are bound with said decree. Now you should make an application before the concerned court where from you have obtained the decree and state all the facts. in my opinion there is no problem to remarry but in regarding welfare of the child it have to be decided before the court for the your best future life.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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