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Procedure to file child custody in India already have US child custody
13-Nov-2023 (In Child Custody Law)
I have 2 kids aged 5 and 3 and both are USA citizens. My wife brought them to India without my notice and I have Usa permanent child custody both legal and physical. My wife though she is aware of USA child custody she has filed for GWOP seeking permanent child custody in India. Also claimed maintenance under section 125 where interim maintenance petition was denied as no abuse has been found. How I can argue my child custody and win the custody of kids also in India.
Hi,
Custody laws in India are entirely different than foreign laws. Here, paramount welfare of the kids are key criteria. However, as she has removed the kids from the place of domicile, remedy can be sought before jurisdictional court in india.
Custody laws in India are entirely different than foreign laws. Here, paramount welfare of the kids are key criteria. However, as she has removed the kids from the place of domicile, remedy can be sought before jurisdictional court in india.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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Hi with reference to your query you can file child custody petition and you must satisfy in the court proceedings that you will protect Intrest of child in all possible way to support financialy education etc. And also you can file execution petition to enforce the foreign award which is child custody granted in favour of you. I hope clarifies the position.
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Adv. Mohamed Ashick
Chennai | 100+ Answers
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Sir,
From your words i can understand that, you had obtained custody order at USA. Then you are supposed to come and participate in the cases filed by them, moreover they may file IA to question the validity of judgment passed at USA. The only solution is that you have to defend the case in India. If have any option to bring back ur children, do the same at USA.
From your words i can understand that, you had obtained custody order at USA. Then you are supposed to come and participate in the cases filed by them, moreover they may file IA to question the validity of judgment passed at USA. The only solution is that you have to defend the case in India. If have any option to bring back ur children, do the same at USA.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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