Legal Question in Family Law in India

Child custody/ guardianship

I was separated from my husband even before my son's 1st birthday, due cruelty, adultary & desertion. Since he was keen on divorce, he provided my lawyers with all details & even an NOC for child custody as long as I didnt claim financial assistance. I was in too much shock to go through the divorce immediately. After 2 yrs i filed & got the divorce from high court, since christian marriage, with him as ex-parte. however, my lawyer said child custody is a separate case to be done after i get divorce, so after divorce when i asked i was told i dont need it. I have a very good job offer from abroad & want something legal for visa purposes for my son. how can i utilize this letter from my husband for the same? would also like to change his surname to mine, to avoid any hassles. I have not heard from my ex-husband since Mar 1999. Pls advice.

Thank you.


Asked on 7/09/09, 1:55 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Child custody/ guardianship

what i have understood from your post that you still have not got the custody of the son from court and your husband has also not objected to your custody since 1999. you may change the surname of your child but taking child abroad would be problematic and you require legal statement from your husband.

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Answered on 7/09/09, 2:16 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Child custody/ guardianship

You can immediately file a suit for the custody of your son and seek a NOC from your husband for you to get your son proceeding abroad.

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Answered on 7/09/09, 3:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child custody/ guardianship

You may need a court order granting you exclusive custody of the child.

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Answered on 7/09/09, 8:00 am


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