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HC allows woman to settle with kid in Australia as father doesn't turn up after divorce

As the husband did not turn up to see his child for eight years, the Karnataka High Court permitted a woman to settle with her kid in Australia.

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Published : Jan 28, 2023, 11:00 PM IST

Karnataka High Court
Karnataka High Court

Bengaluru: The Karnataka High Court has permitted a woman to settle in Australia with her kid as the father did not turn up to see his child. After getting a divorce for eight years, he did not visit his child once. The bench headed by Justice M Nagaprasanna has accepted the petition in this regard by the mother seeking to settle permanently in Australia with the kid. The father also did not turn up to attend the court proceedings in that regard.

The petitioner had claimed that after the divorce, she settled in Australia with her second husband. She questioned the order by the local civil court in Maddur quashing her request to get a visa for her child to settle with her in Australia. The bench observed that the father had not come to see the child for eight years after obtaining a divorce. He did not attend the inquiry regarding the visa. All this shows that he does not have any interest in taking care of the child in the future.

Also read: Marriage cannot be annulled on the ground of minor: Karnataka High Court

The couple got married in 2006 and they had a son. Later, due to marital discord, they applied for divorce. The court had given custody of the minor kid to the mother. The court had granted a divorce and permitted the father to meet the kid once a month. But, the father did not turn up to visit his son. Mother got married to another person and settled in Australia with her kid.

The lower court had withdrawn the permission granted to the father of the kid as he did not turn up to see his kid or to attend court proceedings. According to Australian law, a visa is required for minor children to stay. The mother had applied in the local court through her father in this regard to obtain a visa for her kid. As the local court refused to grant permission, she appealed in the High Court. (With Agency Inputs)

Bengaluru: The Karnataka High Court has permitted a woman to settle in Australia with her kid as the father did not turn up to see his child. After getting a divorce for eight years, he did not visit his child once. The bench headed by Justice M Nagaprasanna has accepted the petition in this regard by the mother seeking to settle permanently in Australia with the kid. The father also did not turn up to attend the court proceedings in that regard.

The petitioner had claimed that after the divorce, she settled in Australia with her second husband. She questioned the order by the local civil court in Maddur quashing her request to get a visa for her child to settle with her in Australia. The bench observed that the father had not come to see the child for eight years after obtaining a divorce. He did not attend the inquiry regarding the visa. All this shows that he does not have any interest in taking care of the child in the future.

Also read: Marriage cannot be annulled on the ground of minor: Karnataka High Court

The couple got married in 2006 and they had a son. Later, due to marital discord, they applied for divorce. The court had given custody of the minor kid to the mother. The court had granted a divorce and permitted the father to meet the kid once a month. But, the father did not turn up to visit his son. Mother got married to another person and settled in Australia with her kid.

The lower court had withdrawn the permission granted to the father of the kid as he did not turn up to see his kid or to attend court proceedings. According to Australian law, a visa is required for minor children to stay. The mother had applied in the local court through her father in this regard to obtain a visa for her kid. As the local court refused to grant permission, she appealed in the High Court. (With Agency Inputs)

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