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Husband not ready for mutual divorce and wants child custody
08-Sep-2023 (In Divorce Law)
Hi, I have filled Divorce petition against my husband under Hindu act. Husband is not ready to give divorce in mutual consent terms and without giving written reply to petition. He has filled child custody petition. He has added in prayer that withdrawing child passport and making order to not to travel abroad. Wanted to check from experts, 1. Could i travel on business visa alone for office work purpose and 2. On long term visa along with child to any other country for official purpose?
You can travel alone but who will be taking care of the child is the question and this will be used against you by your husband.
You can go to other country on long term.visa provided the court gives you the permission as the petition is pending.
You can go to other country on long term.visa provided the court gives you the permission as the petition is pending.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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yes you can travel alone with the permission of the court and there is no issue if he has filed for child custody, you can fight your case for the purpose of the child and other thing you should built a pressure on your husband to get your divorce done mutually!
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Adv. Darshan Subhash Oswal
Pune | 100+ Answers
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If the custody of the child is with you and if the child is small(1 - 10 years) then you can definitely take the child with you anywhere but if the husband is objecting then you can file an application in the court for seeking permission to travel with the child and do not worry generally the custody of the child vests with the mother as to your questions yes you can travel with a business visa alone but then you will have to ensure that the child is placed under proper care for the time and yes you can travel with your child but you will need to take permission from the court.please contact your local lawyer for further advice.
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Adv. Vikram Vishwas Kulkarni
Karad | 100+ Answers
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