Legal Question in Family Law in India
NOC, child naintenance.
1.I brought my wife and one year old child. to uae5 years back.
2, Since she was interested to work i got her job but after getting the job she divorced me 4 years back at UAE ubder Hindu marrige act in Uae and abducted 1 year old child to India whose locationis not known.
She is still working in UAE and kept the child some where in India and now wants NOC from me to bring th child back and his maintenance..
3. A writ petition and Hebious corpus is pending in high court and cas for custady of child by my parents in India which no one is attending from her side.
1. Q 1. Can she presurise me for NOC to bring the child to uae and his maintenace when nothing is mationed about this in divorce decree and case aginst her is pending in highcourt and district court in India.
6 Answers from Attorneys
Re: NOC, child naintenance.
First of all let me make you aware that if your wife is doing anything illegally you have a right to approach to the court in India as well as UAE. Your matter will be decided by court apart from all the pressures/wrong influence.
Please contact personally alongwith the details.
Professional charges are applicable.
Re: NOC, child naintenance.
You are the natural guardian of the child so you have remedy to look after the welfare of child.Your wife cannot pressurise for NOC.Child is joint resposibility of both of you,however,you are bound the give your share of maintainance and wife shall bear her share to maintain the child.Proceed against your ex-wife according to law at UAE.In case of need contact with details.professional charges are applicable.
Re: NOC, child naintenance.
a) First of all, be clear that a charge of "abduction" cannot be levelled against parent of the child, unless the child custody order is violated; even in that case, the charge will be NOT ABDUCTION, but VIOLATION OF COURT ORDER.
b) Your parents cannot maintain a Habeas Corpus petition nor can they claim custody of the child.
c) There is no such thing as "pressurize"; the matter will be decided by court of law in pending proceedings.
d) if she doing things illegally, you are also at liberty to approach the court in UAE as also in India.
Re: NOC, child naintenance.
Pls contact personally.
Re: NOC, child naintenance.
Yes and she can claim miantenance of the child
Re: NOC, child naintenance.
already replied
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