Legal Question in Criminal Law in India

In my Child custody case, Session judege advised to my advocate to file Letter of detrogatory in Judicial Magistrate court to bring my 4 years old daughter from USA.

I have filed child custody case in Feb'2011. My wife filed counter and then left USA with child in July'2011. My child is born in USA. We came to india for good in 2008.

from 2008 to 2011 we lived in tamilnadu.

Can you please explain what is " LETTER OF DETROGATORY" and this will help to bring the child back to India. My lawyer only practice in Civil side. he dosn't have knowledge about Lettor of detrogatory


Asked on 6/28/12, 6:56 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is a letter of rogatory and is issued to request the foreign court to assist in implementing any judicial order. i do not think that through letter of rogatory you can obtain custody of the child. this letter is issued for the service of process or for taking evidence. as the child was born in US, the physical custody in India may be very difficult.

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Answered on 7/02/12, 7:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 7/05/12, 11:28 pm
Shrichand Nahar S.V.Nahar, Advocate

Is a request to another nation.

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Answered on 7/23/12, 12:05 am


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