International child abduction in India

Anil Malhotra and Ranjit Malhotra

Chapter 18 in Research Handbook on International Child Abduction, 2023, pp 264-277 from Edward Elgar Publishing

Abstract: India is not a signatory to the 1980 Hague Convention, so when a child is abducted to India, it is the Indian domestic legal system that decides whether the child will be returned to their State of habitual residence or will remain in India. International parental child abduction is not subject to legislative definition, and remains a subject of varying judicial interpretation from the Supreme Court in India. This chapter discusses the use of a writ of Habeas Corpus and mirror orders as a possible way forward until a law on the subject is enacted and an adjudicatory dispute resolution process is implemented. Until then, matters will continue to be decided on ad hoc parameters, in the best interests and welfare of the children on a case-by-case basis.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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