• Custody of child

Indian got married to us citizen in USA. Out of their wedlock she gave birth to a baby boy in US. Presently all the three persons are residing in india.
There is a dispute between the parties and indian want to file a case for custody of child in indian court. Is it possible. If so under which act and section?
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’. 

you can file for custody in india  as child is at present residing in india .
Ajay Sethi
Advocate, Mumbai
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Agree with expert.
Nadeem Qureshi
Advocate, New Delhi
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She is a U.S citizen and when any one of the parties do not accept India as a jurisdiction of Indian courts, then Indian judgment cannot be imposed on her. Also to be noted is that the marriage has taken place in U.S. There exists SC judgments on the same which may kindly be referred to. Kindly refer to this judgment by the Hon'ble Madras High Court 'Bhashyam Ramesh @ Rajagopalan vs R.Saroja @ K.K.Saroja on 24 February, 2012', which outlines the basic criteria for such issues.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
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Above views are OK but it may not to be handled in standalone way. The details of the dispute will also have repercussions and custody may come out of it.

Anil Gupta
Delhi
Anil Gupta
Advocate, New Delhi
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The case can jolly well be filed in India in view of the fact that both the parents and child are residing in India, and one of the parents is an Indian citizen. As a corollary thereto, Indian courts have an inherent jurisdiction to deal with the dispute relating to the custody of child.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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