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My wife abandoned the kid in the hospital in UAE and got custody


17-Aug-2026 (In Divorce Law)
My wife got the daughter custody from Kerala High Court. Now she got divorced in UAE and got joint custody. Last week my ex wife travelled alone without informing me and dropped the kid at home with maid. I already put a travel ban on my daughter after joint custody. My ex is repeating this many times. What I can do to take the custody of my daughter in India. My daughter is suffering from Myoclonic Epilepsy
Answers (2)

Answer #1
917 votes
You can file application before the family court having major restriction jurisdiction over the matter for an injunction restraining the ex-husband from taking the child outside of the jurisdiction of the family court and also claim custody of your child
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Advocate Ahammed Faisal

Adv. Ahammed Faisal

LawRatoThrissur | 100+ Answers
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Answer #2
994 votes
File an urgent interim application for modification of custody before the local Family Court under Section 26 of the Hindu Marriage Act (or Guardians and Wards Act), praying for immediate temporary physical custody on the ground that leaving a child suffering from Myoclonic Epilepsy unattended with a maid constitutes severe medical neglect and a material change in circumstances. Frame the argument around the paramount welfare of the minor child, emphasizing that Indian courts are not strictly bound by foreign (UAE) orders when the child is in India (Nithya Anand Raghavan precedent), while simultaneously securing an injunction restraining the mother from removing the child from the court's jurisdiction, supported by medical records and evidence of the mother's frequent travel.
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Advocate Sreelakshmi A S

Adv. Sreelakshmi A S

LawRatoErnakulam | 25+ Answers
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