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stuck in canada with child. want to come back to india.


16-Jan-2024 (In Divorce Law)
I am married in india in 2017 and then moved to canada at in laws place. We have a child 4 yrs and I am a victim of sexual abuse . Have logged complaint againt my exhusband for sexual assault. we all three are canadian citizens..Now he wants to trouble me by asking for child access which he denied initially and evicted us from house. He has kept the child oci with him and is not giving....Can i come to India on my oci with child(evisa) and file a case inIndia and how can i get oci of my child?
Answers (2)

Answer #1
799 votes
Well, you should come alone and file a case for the Child Custody in India. If you will come with the child without informing Child's Father and without his consent, then, you will be charged for Parental Kidnapping as per the International Laws. Hence,
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Answer #2
616 votes
Well, if you want to seek legal remedy to get your child's custody via Indian Laws, then, at least you have to imbibe or get Indian Citizenship by revoking your Canadian Citizenship, at the same time, you have to fight a case to seek Indian Citizenship for your child by making sure, your child also leaves Canadian Citizenship. If you keep on holding Canadian Citizenship along with your child, then, Indian Laws can assist you.
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