THE REMOVED CHILD AND THE LAW IN INDIA BY ANIL MALHOTRA & RANJIT MALHOTRA (HARDCOVER)
THE REMOVED CHILD AND THE LAW IN INDIA BY ANIL MALHOTRA & RANJIT MALHOTRA (HARDCOVER)
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In India, the legal framework for "removed" or abducted children is complex, particularly for inter-country abductions, as India is not a signatory to the Hague Convention on Child Abduction, leading to a greater reliance on the child's welfare in Indian courts' decisions. Parents facing this situation often petition the higher judiciary for a Writ of Habeas Corpus to regain physical custody of the child. While foreign court orders are considered, recent rulings emphasize that Indian courts will ultimately decide cases based on the child's best interests and prevailing circumstances, rather than automatically enforcing foreign judgments.
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