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

Sabal Singh BhatibySabal Singh Bhati
January 28, 2023
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Bengaluru, Jan 28 () The Karnataka High Court has permitted a woman to settle down in Australia with her kid as the father did not turn up to see his child for eight years after getting divorce.

The bench headed by Justice M. Nagaprasanna has accepted the petition in this regard by the mother seeking to settle down permanently in Australia with the kid. The father also did not turn up to attend the court proceedings in this regard.

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

The couple got married in 2006 and they had a son. They applied for divorce. The court had given custody of the minor kid to the mother. The court had granted divorce and given permission for the father to meet the kid once in a month.

But, the father did not turn up to visit his son. Mother got married to another person and settled down 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 The lower court had withdrawn the permission granted to the father of the kid as he did not turn up to see his kid or to attend court proceedings.

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According to Australian law, visa is required for the minor children to stay. The mother had applied in the local court through her father in this regard to obtain visa for her kid. As the local court refused to grant permission, she had appealed the order in the High Court.

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