hemant 19 March 2019

Does family court in india have powers to extradite a person

learned experts,
my ex-spouse has ran away with the child to USA without informing the court and myself, thus flouting the orders of the court and the decree. There is already an injuction of not to remove the child out of India without seeking permission of this court which is again flouted
Question does the family court in India have powers to extradite my spouse and the child from USA.

If yes under what section ad provison of law. Section 151 and 94E is one option which i am aware of besides this any relevant section.

What is the procedure to extradite a person along with the child

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3 Replies

Vijay Raj Mahajan (Advocate) 19 March 2019

If the person is Indian citizen then getting the person extradited possible but for that the administrative help required, the court can only pass order but to get the order executed the Indian authorities as well the US authority assistance will be required. Most likely that person move local US court to prevent execution of extradition order of Indian court. After all taking one's own child is not as big crime as looting banks in India.

ANAMIKA VICHARE (LAWYER) 10 April 2019

You have chance to take out Look out notice at all Indian Airports and if your wwife is not US citizen then wityhh the help of Indian Embassy, she can be arrested and deported from US.

In fact, when the Deree was passed n your wife was already having US vusa, care should have been taken for passing specific injunction order and put up for Look out notice at all Indian Airports Intl