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Child abduction India not signed The Hague convention what to do


23-Aug-2023 (In Child Custody Law)
My wife's a Indian citizen, if she takes our daughter from the United Kingdom for a holiday and never return to the UK where the child is a normal resident of, what are the current Indian laws, where the wife claims domestic violence. (Which is why India did not sign) how easy is it to get the child back to India. Can anyone give expert law details
Answers (1)

Answer #1
509 votes
if your wife is currently residing in India and have filed a Domestic Violence case, then as per the information provided by you the Indian courts have no jurisdiction to entertain ( if you & your wife have not resided in india since marriage). same the jurisdiction would again play a crucial role while taking care of CHild custody case.

Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:

Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

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