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Can I travel abroad for higher studies while my divorce is in process
25-Jun-2023 (In Divorce Law)
Hi I'm a hindu. I have filed a divorce case against my husband which is running past one year. My husband has put a G&Wc case for the custody of my 5 yr old son. Currently monthly once visitation right have been issued. I want to go abroad for my higher studies(MSc). And I plan to take my son along with me. Can I get permission from court for this. What are the consequences in this.
Madam,
Here visitation right is already given. So you need to move an application to the court for going out side the country,
Here you told that the child is of year 5. There is a rule that the child below the age of 7 years should under the care of its mother. On this ground you can get permission. If the matter is argued in technical way, then you can get sure order infavour of your. Please proceed.
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Adv. M Lakshmikanth Arya
Bangalore / Bengaluru | 700+ Answers
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You will not be permitted to leave the country with your son whilst the proceedings are still going on. If you leave without the permission of the court, it will amount to kidnapping of the child and deserting the husband which will be even worse. I recommend you get the matter referred to the Mediation Center and trying to arrive at a settlement with the help of a Mediator. Better to finish the case soon and proceed with your higher studies
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No you can't take your son until you get the final verdict from the court. Hence, follow up the case with your lawyer with early dates before the court and try to complete it as soon as possible. Otherwise mention court about your constrain to visit abroad and there is no one take care of your minor son without you. You can do it by filing an application before court.
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Adv. Rajesh K.S
Bangalore / Bengaluru | 700+ Answers
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