Child custody of indian origin foreigners

Consultant

one of my Friend migrated with his wife to Canada and child born in Canada; later because of some problem women left with child without knowledge of child father when he was away,

She came to India and filed for custody without telling all are canadians and Indian court granted custody exparte.

Father filed custody as well as Divorce in Canada and won as all are canadians.

but here in india she filled all false case on her husband even she is canadian without disclosing it, so to prevent him to come to india and claim child custody.

now what should he do.

 
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Advocate/ nadeemqureshi1@gmail.com

He can file an execution of those orders which was passed in his favor by the Canadian Court.
 
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Advocate

Firstly the custody case filled by the Canadian mother in India under the Guardians & Wards Act,1890 is applicable to the parties and decision made by the Indian court under this Act is valid for Canadian mother, father and child issue relating to custody is valid. However since an ex-parte order made against the father, he can always challenge such order and get order/decree passed by the trail court set aside by making application under Order 9 Rule 13 of the Civil Procedure Code. The power of atorney given to the Indian advocate to appear and get the order set aside is very much possible without personal presence of the respondent who lives in Canada.

Secondly, the parties are supposedly Hindus by religion and got married in India according to Hindu form of marriage covered under the Hindu Marriage Act,1955. The wife will file for divorce in Indian court under the Hindu Marriage Act,1955. The Canadian husband can always challenge the divorce petition filled under the Hindu Marriage Act,1955 on the ground that both parties are Canadian and domiciled in Canada hence the Hindu Marriage Act,1955 is not applicable to them as per section 1(2) of the Act and as per the Principle of law laid down by the Supreme Court of India in the Sondur Gopa vs Sondur Rajini case. The husband can file application under Order 7 Rule 11 read with section 151 of CPC in the Family Court where the divorce case is filled by the wife and try to get an order that will prevent wife for getting divorce in India under the Hindu Marriage Act,1955.The power of atorney given to the Indian advocate to appear and get the order set aside is very much possible without personal presence of the respondent who lives in Canada,

The criminal complaints/cases if have been lodged/filled in India can be challenged in the High Court by getting those set aside/quashed on the ground of jurisdiction of the Indian court if the offences reported were not between Indian citizens and were not happened in the India. False complaints can be quashed by the High Court without the accused personal present in India with help of his power of attorney.

The above mentioned legal issues will help the Husband to dictate terms to the wife, get the complete physical custody of the minor child and take the child to Canada with him. This formula helped me for my Indo-American client to get his minor child's complete physican custody from the mother who happened to do the same by taking the child out from USA., came to India and filled divorce case in India. Many more like matters for my foreign clients struck by Indian laws while sitting outside India, I had privellage to handle and settle them in their favour. The Indian laws favour women no doubt about it but if you get services of experienced lawyer in field men can achieve a lot and be satisfied.

 

vijaymahajan5758@gmail.com 

 
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Advocate/ nadeemqureshi1@gmail.com

if the marriage was solemnized as per Hindu law in India then the decree of divorce granted in Canada is not valid in India as per section 13 of Civil procedure code.
 
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Consultant

File execution of order in which country ? as she is hiding in India

 
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Consultant

Sir you said "Firstly the custody case filled by the Canadian mother in India under the Guardians & Wards Act,1890 is applicable to the parties and decision made by the Indian court under this Act is valid for Canadian mother, father and child issue relating to custody is valid."

what if someone kidnap a child abroad n come to india n file custody, and she will get custody then what type is law is this, when none of them are indians

 
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Consultant

but none of them are indian now, how she can file divorce in  india. as a citizen of canada husband already acquired divorce as well as Custody in Canadian court.

 
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Advocate

Mother bringing her child to India is not an act of kidnapping, mother is a natural guardian like father can take the minor child anywhere she so desire. Yes she did not inform it to the father of the child who is her husband is a moral mistake on her part not a criminal offence under the Penal Code.

Secondly, the Guardians & Wards Act,1890 applies to everyone/ any nationality and extends to the whole of India except the State of Jammu and Kashmir, any petition filled under this Act in the court of original civil jurisdiction where the minor child ordinarily resides in India can pass order. If the jursidiction of the court not challeged by the father at that time that child was not ordinarily residing in India, that he can do it now after setting aside ex-parte order of the court. The technical issues need to be handlled properly by expert lawyer not by novice.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Ravi The marriage was solemnized in India as per Hindu Law or Not?
 
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Advocate/ nadeemqureshi1@gmail.com

You may file an execution of that order before the court who granted the custody of child to you an that court issue the summon to her through Indian court an then Indian court execute the same as its own order but subjected to some conditions.
 
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