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Tajobsindia (Senior Partner )     08 August 2014

When indian judiciary wake-up

Foreign jurisdiction takes Hague Convention very seriously; when Indian judiciary wake-up

Indian-origin mother barred from visiting India with her son


London: An Indian-origin mother has been barred from visiting India along with her six-year-old son by a British family court after her ex-husband expressed fear that she might not return.


The Indian-born woman, who is in her 30s and cannot be named for legal reasons, insisted she had absolutely no intention of abducting her son and simply wanted to take him to meet his extended family and "explore his cultural roots". 


But Judge Clifford Bellamy ruled in favour of the father, also in his 30s and who?was born in Leicester. 


The mother has lived in the city for nine years since their arranged marriage but is now living alone with her son, according to a report in the local 'Leicester Mercury' newspaper. 


The city's Family Court heard that the father was engaged in a running battle with his ex-wife over contact with their little boy. All three now have UK passports. 


Judge Bellamy said India had not signed up to the Hague Convention which enshrines the international ban on child abduction. 


If the mother failed to return to Britain with his son, the father would face a formidable challenge fighting his case through the Indian courts, the court was told. 


Blocking her holiday plans, the judge said there was "a risk" that she might try to keep her son in India. 


Link:

https://zeenews.india.com/news/nation/indian-origin-mother-barred-from-visiting-india-with-her-son_953247.html     



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2014

This is absolutely ruthless.  No doubt the father has got a right over his son and his fears are justified, but how can a government or court can interfere in the personal liberty of an individual, the so called judgment though cannot be commented upon, need to be reviewed in view of the nationality of the mother. Now it is for the Govt. of India to take up this issue which is of national importance.

Tajobsindia (Senior Partner )     10 August 2014

1. I disagree to ld. brother. 

2. Couple and minor are BRITISH National. British Laws will apply as parties choose to seek relief under British Laws.  

3. What is national importance is to immediately sign HAGUE Convention inspite of several representation and Law Commission of India recommendations till date before Govt. of India. 


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