Custody of Indian born Children residing abroad

633 votes

In your case, the court has dismissed the child custody matter citing Section 9 of the Guardian and Wards Act, 1890, which relates to jurisdiction. Under this section, the appropriate court to hear custody matters is the one within whose jurisdiction the child “ordinarily resides.” Since your children are in Riyadh, Saudi Arabia, the court may have ruled that it does not have jurisdiction to entertain the case. However, there are legal remedies available. You can challenge the dismissal in a higher court, such as the High Court, arguing that the children are under the illegal custody of their father and that jurisdiction should be determined based on the welfare of the children, not merely on residence. The case of Ruchi Majoo v. Sanjeev Majoo (2011) is relevant here, where the Supreme Court of India held that the welfare of the child is of paramount importance, and even if a child is residing abroad, Indian courts can still assume jurisdiction if it is in the best interest of the child. You could also explore filing a writ petition in the High Court under Article 226 of the Constitution of India, seeking a direction for the return of the children, based on the principle of the welfare of the minor. Additionally, international conventions like the Hague Convention on Child Abduction may apply, depending on the legal framework between India and Saudi Arabia, though Saudi Arabia is not a signatory. If you believe the case was wrongly disposed of, you can appeal the decision and argue that the court failed to consider the urgency and welfare of the children, as well as the fact that they were forcibly taken by their father.

Advocate Rohan Venkatesh Yemul LawRato

782 votes

You can challenge the dismissal by filing an appeal or revision petition in a higher court. The court’s ruling that it lacks jurisdiction under Section 9 of the Guardian and Wards Act is based on the children’s residence in Riyadh. However, you can argue that the Guardianship Act allows you to file where the mother resides, especially since the father has abandoned you and the children. Additionally, you may explore filing a fresh petition in the appropriate court with jurisdiction, possibly in Riyadh under Saudi family laws, or seek international remedies through a Hague Convention application, if applicable, for child abduction or custody issues across borders.

Advocate Muzammil Shaikh LawRato

939 votes

To address your situation, here's what you can consider doing: 1. File an Appeal or Revision: Since the court dismissed the case on the grounds of lack of jurisdiction under Section 9 of the Guardians and Wards Act, you may file an appeal or revision before a higher court, challenging the dismissal. You will need to show why the court does have jurisdiction over the matter, depending on your legal circumstances. 2. Check Jurisdiction: The court may have dismissed the case because the children reside outside of the court’s jurisdiction. If this is the case, you may need to file the custody case in a court that has jurisdiction over the children’s residence. If your children are in Riyadh, you may need to seek legal recourse under Saudi Arabian law or in an international court. 3. Consult with an International Family Lawyer: Since your children are residing in Saudi Arabia and your husband abandoned you, you may need to consult with a lawyer specializing in international family law. They can help you understand your rights under the local laws in Riyadh and how to proceed, especially if there is a cross-border custody dispute. 4. Explore Alternative Legal Remedies: Depending on the details of the abandonment and your situation, there may be other legal remedies available such as filing a case under family law for the welfare of the children or under any international child custody agreements. 5. Re-file the Case: If the case was dismissed due to jurisdiction issues, you may also consider re-filing the case in the appropriate court with proper jurisdiction, or addressing the court’s concerns about jurisdiction when you file again. It's crucial that you work closely with your advocate to review all relevant documentation, ensure correct jurisdiction, and decide the best course of action.

Advocate Kiran Ashok Gangurde LawRato

969 votes

Well, you need to file a case before the proper jurisdiction under the proper concerned provisions of the concerned act, then only, you will be able to get the proper reliefs which you need. Also make sure to file case within a limitation period.

Advocate Pankaj Bajaj LawRato

697 votes

Hello madam, since it's out of jurisdiction you should file a case of hebas corpus in your concerned high court to produce your children in court. also file contempt of court and file for cancellation of passport. you will be able to get custody of your children.

Advocate Hemant Tripathi LawRato