Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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G.S.SANDHAR   09 April 2020

on guardian and wards act

if foreign born minor lives in india with his father then foreign court can pass order to hand over that minor to his mother who has file case in foreign court for getting custody where she is living.


 6 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     09 April 2020

As per Sec. 9 of the Guardian and Wards Act, 1890 the District Court in India has Jurisdiction to entertain an Application where the minor normally resides. So, the mother has to file an application within the District Courts where the minor normally resides. Still more facts are to be stated by you.

G.S.SANDHAR   09 April 2020

however the father has been filled petition in family court in india even foreign court passed interim order to hand over minor to his mother.what will be fate of that order.

Dr J C Vashista (Advocate)     11 April 2020

Which country is referred here that is stated to have passed such an order/ judgement / decree ?

What is the provision of law wherein a foriegn court is stated to have invoked jurisdiction over the minor, who is residing in India ? 


Dr J C Vashista (Advocate)     11 April 2020

Vague question without relevant information can not lead to form an opinion and oblige, therefore, be specific.

Dr J C Vashista (Advocate)     11 April 2020

ONLY the District Judge where minor is "ordinarily" residing has the jurisdiction to entertain such a petition under the provisions of Guardians & Wards Act, 1890 

Dr J C Vashista (Advocate)     11 April 2020

It is better and advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding if there is some truth in the story.

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