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Abhay (Student)     11 March 2010

Urgent request for Supreme Crt Judgements-Minor childCustody

Dear Fellow members,

Urgent Request for Ratio/Supreme Court Judgements in favour of mother getting custody of children from father who is abroad with minor children.

Thanks,

 

Abhay



 3 Replies

Anil Agrawal (Retired)     12 March 2010

How abroad and in India matters? Social background, mental set up, financial status of both parents, capacity for upbringing child, standard of literacy, breakdown of marriage, standard of living etc. are all deciding factors.

Abhay (Student)     12 March 2010

Thank you for your reply sir. The mother has returned to India and filed cases against her husband including the case for custody of her minor children who are in the custody of her husband abroad. The jurisdiction of Indian courts (including district court) whether applicable for custody of minor children who are abroad. All including the mother, father and the minor children are Indian citizens. Father is saying that under Guardian & Wards Act Indian courts have no jurisdiction as the children are residing abroad. Hence, according to the father, the mother has no right to even file a custody case in India. The children have no option of returning to India as they are minor children and have no say on it. Urgently seek ratio/Supreme Court judgements directing that even if the children are residing abroad with the father, mother has right to claim custody in India by filing custody case in Indian courts.

Anil Agrawal (Retired)     12 March 2010

Children do have a say. What is their age?


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