Legal Question in Family Law in India
I am Indian mother and my 1 year old son is US citizen. I am in India right now waiting to get divorced. My husband and I want a mutual divorce so that we don't waste time and energy. In mutual petition he has agreed that I can take my son abroad with me anytime but he is not signing consent form for my baby's passport. I am not demanding any money from him neither for my baby. He is still not ready to help me for my baby's passport. Also he stole my baby's old passport & destroyed it. But he denies this. To avoid any complication I reported it as lost passport in US embassy.
I am getting good job offers in Texas since I am a Physical Therapist and want to work in US. But he is not allowing me to do so indirectly. May be he is jealous. He was working in Imaging Physics Dept. in MD Anderson but he says he has resigned. I think he got fired and now he is jealous of my success. He knows I won�t go without my son so trying to stop me by stopping my baby's passport. I have Physical custody of child since he is minor and he has access to him.
Do you think there is a way to get my baby�s new US passport? Can this case be stronger if I file case against him in US court to get sole custody of child? Can Court force him to sign his consent form to get baby's passport? I love my baby and don't want to ruin my career as well. Please help..
I appreciate your response.
Ankita Thakur
3 Answers from Attorneys
if the motion, in which your husband has stated that you may take son abroad at any time, has already been filed in the court, you may take a certified copy of that motion from the court and apply for son's passport at the embassy along with certified copy of that motion. that should suffice in absence of his signing the consent form. the embassy will consider the certified copy as you have been seperated and the proceedings are pending. As regards any proceedings in USA, they are enforceable in India only if the opposite party has participated in the proceeding without contesting for jurisdiction of US courts. If the judgment on any point is exparte or with contest for jurisdiction, then that foreign judgment is not executable in India per section 13 of code of Civil procedure. Indian court certainly can mandate him to sign the consent form but how would you show that you would not leave the country with child once the passport is in your hand.
once the baby is a US citizen and you are not divorced as yet, how can he stop you or baby from staying in Texas. you may simply apply visa and the approval or consent of your husband may not be required coz of status of the baby.
i agree with Adv Gupta
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