Abu Thalha (Law) 14 March 2025

Custody of foreign minor

An Indian girl married to a foreigner. A child was born and brought up by the mother. At 5 months old, the boy was brought to India by his parents. The father then left. No maintenance by the father so far. A child allowance given by the foreign government also not provided to the child. At this stage, the mother sued him for divorce and also presented a GWOP for the legal guardianship of the boy who is now 3 years. Now the father moved the HC praying that the GWOP be quashed since the jurisdiction is a foreign land. Both the parents are Muslim. What would be the legal status of the guardianship of the boy. Any citation to hold that the mother be the guardian.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 14 March 2025

As the case is pending before court, you may have to wait for the verdict from court in this regard.

Dr. J C Vashista (Advocate ) 14 March 2025

Which government is referred here that provides child maintenance allowance to parents and but not paid till date ?

Maintenance of the minor is the liability of both parents. Since the minor is residing with mother whether she (mother) has asked / claimed from father / her husband ? If so, whether he (husband) has avoided / declined ?

Petition for grant of guardianship of the minor has to be entertained in terms of Section 9 of the Guardians & Wards Act, 1890 which reads as,

Section 9 in The Guardians And Wards Act, 1890

9. Court having jurisdiction to entertain application

(1)If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2)If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3)If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction.

Accordingly the petition stated to have been filed in High Court is not maintainable.

Mr. Abu Thalha ji,

You have a long standing (33 years) in law -a solicitor and specialised in family law, what is your personal opinion on the subject, presumably you are representing the wife in instant case, isn't it?

Abu Thalha (Lawyer & Notary) 17 March 2025

Singapore government Sir. She had asked her husband a lot of times. We represent the wife you are correct.

Abu Thalha (Law) 17 March 2025

Dear sir,

Thank you for your kind advice and comments. This is a case where the child is born to an Indian mother and an Indian-turned-Singaporean father. The child holds Singapore citizenship. Child grants are regularly provided by the government and received by the father but never used for the child. Astonishingly the father also holds and Indian voter ID, a violation of the law.

The case is for the guardianship of the person only. The Madras High Court has granted interim stay until next hearing in a petition moved by the father.

The child is barely 2.5 years old, has not seen his father more than twice during the entire period, does not able to recognize him as his father. This is the present situation sir. Thank you once again for your kindness. Rgds.