Raj (IT) 17 June 2020

Nri - custody

Hi,

Wife and husband are Indian citizens. They have a child who is a UK citizen. Wife left husband and came back to India without child . Husband filed custody in UK court and UK court granted child custody to husband.

Can wife file for custody in Indian court? Since the child is UK citizen and child is in UK, does Indian court has jurisdiction?

Even if Indian court grants custody, husband is not legally bound to follow because of UK court order, can Indian court order child to be returned? How does it work out?

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7 Replies

Adv Deepak Joshi +917017821512 (Advocate) 17 June 2020

What is your locus

Dr J C Vashista (Advocate) 17 June 2020

@ ABCD (Headcount),

How you are concerned with custody of the minor who is stated to have been born and residing in UK and stated to have been granted custody to father by a competent court of law in UK ?

Rupin Dhama 17 June 2020

no. yo can not file any suit in india. you have to go to UK court for that.

Real Soul.... (LEGAL) 17 June 2020

Even if wife files for custody in Indian court that will be like fantasy ..

P. Venu (Advocate) 17 June 2020

Facts posted suggest the decision of the UK Court appears to be conclusive. As such there is no scope for any action in our country.

G.L.N. Prasad (Retired employee.) 17 June 2020

It is not prudent to give any guidance without looking into actual circumstances and order.

As per the query: "Wife left husband and came back to India without child . Husband filed custody in UK court and UK court granted child custody to the husband. "

Members are not aware of what circumstances a mother has left child and came to India and under what circumstances the motherless child custody was given to father at that hour.

It all depends on the order and other facts and an advocate can twist and turn any facts in favour of his client.

Have a Heart Foundation (Sales & Mktng) 02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform