Custody of child if all of them are foreign citizens

You have raised this query in another manner in your post of 3 months back.   Please establish direct contact with Advocate so that you can get clarifications on your several doubts, assumptions, presumptions etc. The three queries posted now are assumptions and no one can guide on future on mere assumptions..  Even if some expert gives, you may not agree with his guidance as you want references to similar cases in different countries etc.,

That question is differen t and this is different. If experts has time please ans to my queries. even though they are assumptions I liek to know about rules . what rules say. 

Please inform:

1. Where your marriage was performed
2. Age of the Children

As per your query, all of your (both parents and Children) are Canadian citizens and holding OCI. Holding OCI means you have relinquished Indian Citizenship. OCI card only facilitates the holder to enter the country any number of times, without Visa.

There is a Judgement by Mumbai High Court stating that once a couple is married under Hindu Marriage Act, they can take divorce under that act only even when they are no longer Indian Citizens.

Following is the link to the above Judgement.

Bombay High Court Judgement News in TOI

In case the above link is not working here is the actual link

https://www.lawyersclubindia.com/forum/custody-of-child-if-all-of-them-are-foreign-citizens-212286.asp

The posting suggests no facts or real issues.

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
	Please inform: Where your marriage was performed Age of the Children As per your query, all of your (both parents and Children) are Canadian citizens and holding OCI. Holding OCI means you have relinquished Indian Citizenship. OCI card only facilitates the holder to enter the country any number of times, without Visa.   There is a Judgement by Mumbai High Court stating that once a couple is married under Hindu Marriage Act, they can take divorce under that act only even when they are no longer Indian Citizens.   Following is the link to the above Judgement.   Bombay High Court Judgement News in TOI   In case the above link is not working here is the actual link   https://www.lawyersclubindia.com/forum/custody-of-child-if-all-of-them-are-foreign-citizens-212286.asp

Thank you Sir , For your wonderful answer. For your effort in taking time to answer my question. Our marriage was performed in India and child s of age 10 years. All of us have renounced Indian citizenship . Only child has OCI card. . Both of us at present even dont have visit visa to enter India. This is our situation.

From your further details, it appears that the Judgement of Bombay High Court shall apply in your case too, as far as the basic principle on which the Judgement was given.

As to custody of Children normally Courts favour Wife depending upon the age of the child. In some cases, the Court may even ask the Child whom he/she prefer. So as to Custody of Children, nobody can foresee the decision of the Court.

Thanks for your suggestions. I thought of filing a case here in canada but it seems its in vain. From the posts it appear that my case will not stand in any courts and it seems Indian courts does not favour any part father plays in the life of a children. 

My child has ASD , I was giving best treatment here, but if my wife or mother in law doesnt favour treating child ,They both dont trust any therapists/  End of day it was mother who needs to take care of child. As a wife she has to live with what husband earns. If she is taking that kind of risk it will be her problem

I suggest you contact a lawyer specializing in the matter of family-related issues and get a clarification

Before coming to any conclusion. It's important to understand the legalities and implications of a divorce. This NRI Divorce resource seems to have all your answers. You might want to go through it once. Hope it helps!