Vijay 07 March 2025
Can GWOP be filed in India court for child access if child is foreign citizen and resident.
The parents are both Indian citizens.
Child is with mother in foreign country and father is in india. Mother is not showing child to father and father want to get access to child through India court order
Please advise what petition has to be filed in India court to get child access.
P. Venu (Advocate) 07 March 2025
Yes, you can. Hoever, servng notices and getting the directions of the court, if any, implemented could be quite cumbersome.
T. Kalaiselvan, Advocate (Advocate) 08 March 2025
Indian court do not have jurisdiction beyond the borders of the country.
You may get custody but may not be able to execute the decree in foreign country.
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