ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and …[Continue Reading]
SC directs CBI to trace missing/abducted child
In this judgment about abducted by parent/missing child brought from US to India, the SC has directed CBI to trace the child and produce before court in habeas corpus petition. Full judgment is available here. Relevant excerpt from judgment where SC comes to decision to direct CBI to trace the child. This is a good judgment against parents who abduct children from US to India and try to hide behind the slow (or maybe dysfunctional) justice system in India. 13. From the narration of aforesaid facts, it is abundantly clear that despite efforts made by police officers and officials of …[Continue Reading]
Bare Acts relating to child custody, guardianship, visitation etc
Favourable HC judgment relating to children and NRIs
Finally a favourable judgment to law abiding NRIs having children. A Delhi HC has ordered a child with UK passport to be produced before UK courts as ordered by UK court. The mother’s plea that it is not in best interest of child did not hold water with high court. The high court has said that since child was brought to India with father’s consent and understanding to return to UK, that must be done to begin with. Child with foreign passport cannot overstay in India
Visitation rights – 1
Below Delhi HC judgment lays down following important points in determining child custody and visitation rights: http://mynation.net/docs/276-2003/ Excerpts from judgment in italics followed by my understanding and comments: It has been noticed that the Guardian Judge does not follow a uniform practice in this regard in that sometimes the parent who does not have the custody of the child is granted a meeting of a duration of one or two hours in a month, that too in the uncomfortable and uncongenial environment of the Court, while in other cases weekly visitation or access for several hours is ordered. From above …[Continue Reading]
NRIs having children beware of abusive spouse
According to recent SC judgment, a precedent has been created in favour of law-abusing NRI spouses. Matrimonial ‘offenders’ can’t be extradited: SC It is known fact that India is not signatory to Hague convention which means child custody orders in foreign courts are not of significance in India. This means that an Indian parent who ‘abducts’ own child in foreign country and brings to India can’t be touched by laws of adopted country. Even if she/he has foreign court orders against her/him the orders cannot be enforced or respected while in India. So all NRIs who have abusive spouse have …[Continue Reading]
Strategy for Child Custody for Men
The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update March 15, 2016: this post was written many years back and many points are still relevant, like courts do not usually disturb de-facto custody of child. So if child is with you, then it is very important to retain physical custody of child till you get legal guardian status. As of 2016, based on changing views of law making bureaucrats and some of judiciary about best interests of the children of …[Continue Reading]
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