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Can I Object to My Child Being Taken Abroad During Divorce Proceedings in Chennai?

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(@Kavya Goyal)
Joined: 3 weeks ago
[#2836]
I have a strong suspicion that my spouse is planning to take our child out of India during the divorce proceedings before the Chennai Family Court. Can I seek a court order to prevent my child from being taken abroad and how urgent is such an application?

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(@advocate-mudit-pratap)
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Joined: 2 months ago

Yes, you can object to your child being taken abroad during divorce proceedings in Chennai, since Indian courts, following well-established Supreme Court precedent, have consistently held that a parent cannot unilaterally remove a child from the jurisdiction while custody or guardianship matters are pending, without the court's permission or the other parent's consent.

You can file an application seeking an injunction restraining the other parent from removing the child, and in urgent cases, request a Look Out Circular against the child to prevent departure through airports, particularly where there is a genuine apprehension that the child may not be returned or that removal would prejudice the pending custody proceedings.

Chennai Family Courts assess such applications based on the risk of the child's welfare being compromised, the other parent's ties and intentions regarding the foreign country, and whether adequate safeguards — such as bonds, undertakings, or return tickets — can address the concern instead of an outright restraint.

Given the urgency typically involved in these situations, it is important to act quickly if you suspect an imminent unauthorised departure. Reaching out via Aapka Legal Advice can help you secure timely protective orders.

Because courts balance the child's welfare against reasonable travel needs, obtaining a second opinion from a retired judge on how to frame your application can improve its chances of success. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's Chennai divorce lawyer directory.

In conclusion, you can indeed object to your child being taken abroad during Chennai divorce proceedings, and the court can grant an injunction or Look Out Circular where genuine welfare concerns are established.


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