Arguments for the moot court problem.
kavya
(Querist) 13 September 2011
This query is : Resolved
following is a moot problem.,
reema and rakesh hav been residing in Malaysia for past 9 years and they hav a son of about 2 and half years old. reema is a doctor at the government hospital in Malaysia.one day she suddenly leaves her home with all the valuables, along with her son.rakesh applies for the custody of the minor son in the Malaysian high court.in India the police superintendent is also approached in order for the implementation of order by that court which is in his favor. however reema contends later when she replies that she was being harassed and tortured for dowry during her stay.she was threatened to be put under a speeding car which would fetch him billions in the name of damages.and that the ex parte order was also purposefully sent to the wrong address and hence that order should not be enforced.
kindly help as to the arguments of this case. thank u. riven
M/s. Y-not legal services
(Expert) 13 September 2011
Am little jerking with your moot court's problem. The husband and wife both are invoked the malaysian law mean then how indian law can be involved with that? Just clear it.
girish shringi
(Expert) 14 September 2011
As you are the Law student,have you gone through the Malaysian Law to defend the case.
If you have sorted out anything,must share your knowledge with us.
Khaleel Ahmed Mohammed
(Expert) 14 September 2011
The superintend of police have no powers to execute foreign decrees.Such orders should be executed through indian courts.
kavya
(Querist) 15 September 2011
after the wife was gone..the husband has invoked the Malaysian court being the natural guardian.the high court of Malaya at kuala lumper held that rakesh was entitled to the legal guardianship of the minor child.the said order is endorsed by the ministry of foreign affairs.the father of the huband in india applies an application to the senior superintendent to enforce the said order.
and that is exactly my doubt..that should i refer to Malaysian law also???(@ Mr tom,Mr. girish)
@khaleel ahmed. sir,d above piece of info was left out.
even after the endorsement by the ministry of foreign affairs, he doesn't hav any power??
kavya
(Querist) 15 September 2011
thank u in advance.. :)
