Urgent: Child travel permission for UAE job without husband's NOC

660 votes

an application can be filed in Delhi for permitting the minor child to relocate with the mother to Abu Dhabi despite the father's refusal to give an NOC. it has to be shown in the case filed by the mother that the relocation of the child is in the best interest and welfare and that it provides a better financial stability and capacity to the mother to maintain the childs standard of living education and overall welfare do at the preliminary stage the screenshots can be filed but a final offer letter has to be presented to court before the final order

Advocate Kunal Seth LawRato

523 votes

Ma’am you are within your rights to seek such directions from the Honorable Court. However, court considers paramount interest of child. Yes you can file the screenshots but beside that there are several steps you have to take to sought such direction. For precise advice, detailed discussion and analysis is required.

Advocate Harshit R Gupta LawRato

793 votes

1. *File GW Act petition:* U/s 7, 26 Guardians & Wards Act seeking permission to travel/relocate with minor to Abu Dhabi for job. Delhi court has jurisdiction where child resides. 2. *Screenshots allowed:* Yes. File selection screenshots, ADEK emails, school communication as interim proof. State final offer letter awaited, will file via supplementary affidavit. Ask for urgent interim hearing due to short joining window. 3. *Father's NOC:* Court can dispense with father's NOC if refusal is unreasonable. Welfare of child is paramount. You bore 100% medical/baby expenses, he abandoned 37 days after C-section - shows you are primary caregiver. 4. *Talaq point:* 1 revocable talaq gets revoked by resumption of cohabitation by conduct as per Muslim law. His denial

Advocate Anchal LawRato

542 votes

Yes if you want to go / visit abu dhabi. You can file travel permission Noc in concern jurisdictional court. If you have not any pending criminal case against you then you have no objections to travel. There is not mandatory law to take permission from husband for travelling outside the country.

Advocate Mukesh Kumar Sah LawRato

961 votes

Yes. A Delhi court application for permission for the minor’s international travel can be considered, but jurisdiction must be established first—ordinarily the guardianship/custody court having jurisdiction over the child’s ordinary residence. Merely having a job offer in Abu Dhabi does not automatically confer Delhi jurisdiction. File urgently for interim permission for the child’s passport/travel, supported by the Abu Dhabi school selection/job offer, joining deadline, child’s birth/medical records, proof that you are the primary caregiver, and evidence of the husband’s refusal to provide NOC. selection screenshot can be annexed provisionally, but it is much stronger to file the formal offer/selection letter as soon as received and explain the urgency. The Court’s paramount consideration will be the welfare and best interests of the child, not merely the parents’ competing rights. The alleged talaq/reconciliation issue should be pleaded carefully and supported by evidence; do not rely solely on the husband’s alleged denial. The 20-month separation and your having borne the child’s expenses may support your case factually, but they do not by themselves create an automatic right to take the child abroad. Seek an interim order urgently, particularly because the school has given a short joining window, with an undertaking regarding the child’s return/visitation if the Court considers it appropriate. Imp Before filing in Delhi, verify the child’s present/ordinary residence and any existing matrimonial/custody proceedings, because a jurisdictional objection could delay the urgent application.

Advocate Jayatee Chatterjee LawRato