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Night1234   30 September 2015

Indian parents and usa born kid

Dear Lawyers,

I mentioned my question very simple below. Please provide your answers. Thanks in Advance.

Parents are from India and their Son born in USA (Son is US citizen) and is almost 4 years now. Parents separated in USA and USA court given child custody to Husband.

My Questions are:

1) In future when Husband visits to India with his kid and if Wife file's child custody case in India then IS THERE A CHANCE TO GIVE CHILD CUSTODY in favor to WIFE by Indian Court?

2) Since kid is USA citizen and USA court given child custody to HUSBAND still Indian court has rights to give child custody to wife?



Learning

 4 Replies

prabhakar advocate (advocate)     30 September 2015

If in the child custody case, both the parents are given full opportunity to defend their cases in US and after that only US court delivered the judgment, then Indian courts generally will not interfere. If mother has not got opportunity there to defend her case, Courts may intervene in India

Night1234   01 October 2015

Thanks Prabhakar for your reply but my question is...USA court has already given child custody to Husband so does Indian court has right to give child custody to wife?

Adv k . mahesh (advocate)     01 October 2015

as per your version you marriage took place in india and both went to usa and she gave birth to a kid who is a US citizen

as your marriage took place in india then you have to take divorce in india and also indian court has to grant the custody to you then there will be no problem and if in future the kid and you does not come to india then there is no need for you to take again divorce

and as said above if your wife has given fair chance in the divorce and custody proceedings and now if she got married then you would not have any problem visiting india but she can file to harass you

rajesh1971   01 October 2015

Here is the case which will help you... https://www.ndtv.com/tamil-nadu-news/minor-child-custody-us-court-judgement-not-binding-on-woman-1205308


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