Legal Question in Family Law in India

My self , wife and female baby are US citizen as well as OCI( Overseas Citizen of India). My baby born in USA. WE shifted back to india in 2008. Baby is now 4 years old. Custody case is ongoing at court. Now my wife abducted the child and went back to USA..

Now court how to decide the custody case. If court decide the custody case in my favour. How can i bring my child back to India. There is any provision in the law. Please let me know. Thanks for all your help and valuable suggestions.


Asked on 7/27/11, 1:32 am

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

the child has gone out of the jurisdiction of Indian Courts so it is advisable to pursue the custody matter in US itself.

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Answered on 7/27/11, 3:07 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta's advice.

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Answered on 7/27/11, 3:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There is no 'abduction' involved here. Since she as well as the child are US citizens, you may approach the courts there.

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Answered on 7/31/11, 5:22 am


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