Legal Question in Family Law in India

as per the indian law, the petition for custody of the kids need to be filed within the jurisdiction where the kids are residing. you may have to hire a lawyer in india and he would file a petition seeking custody of the kids as per indian law and your agreement executed in U.S. would support your claim. even as per indian law, the custody of minor kids, should ordinarily be with the mother and you have a strong case.

I am sorry for not in agreement with an opinion of Mr. Rajiv Gupta. since you already holding an agreement qua custody of the children and the agreement was executed in USA, you should file an application for breach of contract in US alone. it is violation of the agreement executed in accordance with US laws, so the courts in US will have the jurisdiction. I am assuming that the children are u.s citizen too.

as the children are in india and even if the court in U.S. directs the father and kids to appear before it, still the order needs to pass through the rigorous test of section 13 of CPC which says that every decree passed by foreign court has to satisfy the indian law and should be in consonance with indian law. in case we go by the opinion of Mr. Vishwa Arya, then you would be constrained to spend good money on US lawyers and then waste time to serve your husband in india and then even if you get an order for their appearance in US, you will have to file a suit in india. to avoid such a situation, why not directly file a custody petition in india and seek appropriate orders for custody.

better you file a custody case as per indian law as you a mother you may got the interim custody.for details you may contact in my number

Firstly, India is NOT a signatory to Hague Convention.

Secondly, being an American citizen, you are entitled to recover custody of your children by filing a Habeas Corpus petition directly before the Supreme Court of India and seek enforcement of custody orders passed by US Courts.

I do not agree with opinions given here in above as the ld. friends are not aware of American Laws. The custody agreement was done in USA between the parties and the husband has taken away the children without the consent of the wife that amounts to kidnapping in America as well as India. You should inform the Home Land Security /Police about this incident and get a FIR registered against your Husband in India too. The Police of both the countries would locate and hand over the children to you.

a father taking away the child out of custody of mother in US and coming back to India, is no offence as per indian laws. no FIR would be lodged.