Custody in case of abandonment

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    • #150

      My ex-husband abandoned me and my son in 2001. I took a divorce through family court in 2004 after the stipulated 2 yr wait. The court order says decree given “ex-parte” with no costs. It does not say anything about the custody of the child. The petition to divorce has my son mentioned.

      In case needed further info: My ex-husband’s whereabouts are still not known. Past 10 yrs me and son have been living outside India. The abndonment happened when he went back to India without telling us and disappeard.

      My then lawyer mentioned, in case of abandonment there is no custody issue hence no separate court order.

      Now my question, should a family court in India give custody order in case of abandonment?

      Or is the custody as in my case (abandonment) only derived by a reference to law “section 6 of the Hindu Minority and Guardianship Act, 1956 the natural guardians of a Hindu minor , in respect of the minor person as well as in respect of the minor’s property, in the case of a boy, the father and after him the mother. The word ‘after’ used in section 6(a) of the Act is interpreted by the Supreme Court of India to mean ‘in the absence of’ where ‘absence’ refers to father’s absence, for any reason whatsoever.”

      Since i have to convince a counsellor for issuance of visa for my son along with me, i need to know how to handle the question on custody that i will be asked.

      I very much look forward for your reply. Thank you in advance for your time and help.

    • #1061

      Divorce is nothing to do with Child custody;

      You have to file seperate appeal for Custody under guardian act ( In India)

      Check this out


      Unless you have custody you cannt take him out of country, If you are taking him to Middle east then you cannt sponsor child (Unless you hold noble job)

      and in west its treated as abduction, and visa officer will ask custody papers or father permission as your status is DIVORCEE.

      If you are coming to india, then Indian immigration will not ask about child papers as you are Indian origin but they may ask Child Papers, if current country allow you to board the plane.

    • #1062

      Dear Admin,

      Thank you for your prompt reply.

      I need more clarification.

      I am going from one western country to another on immigration, atleast expect to.

      I came to this western country legally on work permit and we both have a permanent residence and hold Indian citizenship.

      I and my son are having our interview at consulate in next 3 weeks. Is there a fast way of doing something so i am able to prove to the counsellor i have legal custody of my son? Will a supporting letter from a lawyer help me? The divorce petition does say we have been abandonned and the whereabouts of my ex is not known.

      I was given to understanding the term “sole custody” does not exist in Indian law is this true?

      Thank you again for your time and replies.

    • #1063


      I have gone through your matter, if your son is minor then court will prefer to handover the custody of your son, if it is the case of kidnapping of your son, you have to move before the concerned High court of judicature for the petition of Hebeous corpus and court will order police to produce your son to your husband if he is in his custody, through police, then after custody will be decided in the welfare of your son.

      thanking you.

      922499546, 9821387099

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