Child taken out of India after divorce against consent terms

Question

Child taken out of India after divorce against consent terms

24-Sep-2024 (In Divorce Law)

Our divorce was done with mutual consent terms where I got the visitation rights and she got physical custody. Initially all went well but she stated that daughter doesn't want. In 2023, She moved to Australia with my 7 yr old daughter without my consent. Informed via court she has now filed a case asking for changes in decree due to changed circumstances and citing child welfare. It is clearly mentioned in the signed consent terms that she can't take daughter out of the Mumbai jurisdiction.

Answers (5)

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Adv. Prerna Shukla Adv. Prerna Shukla

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Advocate Moksh Jain LawRato · Accepted Answer · 2024-09-24T14:29:00+05:30

Answer #2

mention this to your judge, file a contempt petition before the family court that they have not abided by the orders of this court ask for the child to come back to India, if they are citing reasons that they don't have the expense of taking her back ask them you are ready to pay the expenses and you need full custody of your child cite reasons that anyways she is living alone in Australia she cannot take care of the daughter alone, with judgements Reply to her case how can there be a change in decree when you are not consenting for the child moving to abroad you can also ask for visitation rights in india for the whole summer vacation or full custody

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2024-09-24T16:03:55+05:30

Answer #3

Well, if your Wife has violated the terms and conditions of the Consent terms filed either in the concerned Family Court or High Court, then you can file a case against your Wife for Breach of Consent Terms (Contract) as per the Contract Act, 1872.

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Advocate Kajal B Joshi LawRato · Accepted Answer · 2024-09-25T12:51:47+05:30

Answer #4

You have to file contempt petition in High Cout and also file specific documentation in the embassy. After contempt petition we will be able to make your wife accountable for the act committed by her. But the case filed by her needs to be seen

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Advocate Sheetal Pawar LawRato · Accepted Answer · 2024-10-08T01:25:57+05:30

Answer #5

File a Contempt Of Court Application, it will be Miscelleneous Application in your disposed off Divorce Petition. Don't worry, once your wife sought order in Divorce Petition after signing and accepting mentioned terms and condition it was her duty to inform you and Hon'ble Court too via Application but she didn't, her such act is unjust, improper, illegal, unlawful wich turned in Contempt of Court Order. You firmly strongly oppose to her side filed Application by appointing best advocate.

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