Custoy of child
anant kumar
(Querist) 15 February 2012
This query is : Resolved
can an indian court, while hearing a devorce petition, entertain petition under section 26 of the hindu marriage act, when both the husband and wife are indian national while the child(about 6years) was born at california(USA) and is a United states's citizen and has been granted POI(people of indian origin)certificate, but as of now is residing with his mother in India. The U.S.passport of the child has expired in 2010.
What are the provisions and judgements under which the issue can be dealt with.
Adv.R.P.Chugh
(Expert) 15 February 2012
Mr.Anant,
The area of child custody is too flexible to be confined to strait jacket formulas.
Notwithstanding the fact that child is a foreign citizen and a PIO holder - since proceedings are pending in HMA - S.26 is entertainable. Welfare of the child being the paramount criteria court can pass the necessary orders
