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Without consent of one parent, children where taken away


13-Jun-2023 (In Child Custody Law)
1, We are a couple of foreigners. I have a child. 2, I have been living in India for 4 and a half. 3, Indian foreign registration and visa are also available. 4, My child was currently on India school. 5, My wife lied to me, my wife took my daughter back to our country. 6, When I get in touch only once, then my wife is making a selfish request that I will not return to India and divorce. This is a Hague treaty case, but India has not ratified it. Can I complain my wife with Indian law? In the kidnapping crime, etc.?
Answers (2)

Answer #1
908 votes
Sir in this case you can file a case for custody of child in India and if the court orders her to give custody then you can try to get the order executed through the Indian embassy or other procedures, further case of kidnapping cannot be file as it is her kid too. For further details you are free to contact.
Answer #2
549 votes
No. Legally not. Indian Penal Code,1860 not applicable to you. You may any way invoke provisions of enactments of your own Country and see that matter is settled. If your insists upon divorce then it is better to think twice.

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