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Moving abroad with a child without the husband's consent, especially without a custody agreement in


17-Jul-2024 (In Divorce Law)
Currently, both husband and wife are living together with the husband's parents but are experiencing domestic issues. Both husband and wife have permanent visas abroad. The wife, who is financially independent, wishes to relocate abroad with their 6-year-old daughter, but the husband opposes this move. The wife is facing significant problems due to ill treatment in the household. What are the legal implications if the wife moves abroad with the child without a custody agreement? Alternatively, should the wife consider moving out of the house and residing in the same city?
Answers (3)

Answer #1
777 votes
yes it is better to take the child and go aboard as if she does not leave the city it is very likely that the husband may ask for custody of child and then it will be difficult to get the custody of child back easily, she can move to other city in India and file case for divorce and also ask for maintenance for her child stating child is in her custody and father is equally responsible for child maintenance.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
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Answer #2
567 votes
Dear Madam, Since no custody case is pending in India as such the mother can move to Abroad with child...The father of the child has a right to file child custody visitation rights but it is very hard for him to any orders from the Court unless notices are served on the mother...It is advisable to move out of India at this stage only...
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
841 votes
this very difficult issue in This situation one can take diviorce are both have to go aboard and lived together this a very good if are elsewhere bothers have to go mutual diviorce better in This situation you can
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Advocate Shankar Bandi

Adv. Shankar Bandi

LawRatoBangalore / Bengaluru | 400+ Answers
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