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Domestic travel with kids when in marriage


14-Jun-2024 (In Divorce Law)
I'm in a marriage where my husband and I are going through very rough phase. We are Hindus. My husband lives abroad and I live in Bangalore with our children. I want to travel in India with my children. Can I travel with children without their father's consent? Also can I leave my children with my parents when I'm traveling for a week's work? Is there any legal problems in doing so?
Answers (4)

Answer #1
975 votes
Hello Madam, Without explain your issue difficult to give advice custody of the child. Please state your issue with your husband and why you are coming to India? and then why you leave your children with your parents? Are you working?. Please contact me if you need further advice otherwise cannot give you the clear answer.
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Advocate Savitha Savi

Adv. Savitha Savi

LawRato Mangalore | 200+ Answers
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Answer #2
779 votes
Dear Madam, Children are in your custody and impliedly your husband not claimed any rights muchless visitation rights on the children. Since he is in Abroad and children are in India as such if any case has to be filed he has to file in India. You can leave your children with your parents and travel anywhere in India for few days.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
857 votes
1. if there is specific order not to take the children out of India then you cannot take. 2. if there is no specific order being a guardian of the children you can go with children abroad. 3. if you are willing to leave children with grand parents you can leave
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRatoBangalore / Bengaluru | 200+ Answers
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Answer #4
931 votes
As you are a mother and bring a guardian of your children you have full rights to take the child wherever you want and leave in custody of your parents, there are no legal problem unless there is a restraining order from court,hence you are free to travel with your children or leave them with your parents temporary or as per situations, no consent of father is required but yes he has right to know where they are and ask about their well being.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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