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hemant   19 March 2019

Does family court in india have powers to extradite a person

learned experts,
my ex-spouse has ran away with the child to USA without informing the court and myself, thus flouting the orders of the court and the decree. There is already an injuction of not to remove the child out of India without seeking permission of this court which is again flouted
Question does the family court in India have powers to extradite my spouse and the child from USA.

If yes under what section ad provison of law. Section 151 and 94E is one option which i am aware of besides this any relevant section.

What is the procedure to extradite a person along with the child

Read more at: https://www.lawyersclubindia.com/articles/article_list_add.asp


Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     19 March 2019

If the person is Indian citizen then getting the person extradited possible but for that the administrative help required, the court can only pass order but to get the order executed the Indian authorities as well the US authority assistance will be required. Most likely that person move local US court to prevent execution of extradition order of Indian court. After all taking one's own child is not as big crime as looting banks in India.

ANAMIKA VICHARE (LAWYER)     10 April 2019

You have chance to take out Look out notice at all Indian Airports and if your wwife is not US citizen then wityhh the help of Indian Embassy, she can be arrested and deported from US.

 

In fact, when the Deree was passed n your wife was already having US vusa, care should have been taken for passing specific injunction order and put up for Look out notice at all Indian Airports Intl

 

test123   25 April 2019

Bottom line NO

lawyers on this site will scare NRI on indian Laws and make NRI to come to india !!

how many people have extradite on matrimonial cases ?

hardcore criminals fly over to different countries and india court cant do anything.

normally extradite  happens on murder cases which other country accecpt extradition.

these indian lawyers think extradite  is easy just fill a form and other country will hand over the person ..

 


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