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Removal of a child by one parent from one
country to another without the approval of the
other parent constitutes the
“International Parental Child Abduction”

 “Hague Convention on the Civil Aspects of
International Child Abduction” in 1980
 To ensure prompt return of the children abducted
from any Country by their Parents
 Return of the Child to the “Habitual Residence”
 Children under the age of 16 Years
 Remedies Wrongful Removal or Retention
 Enhance the International Recognition of Right of
Custody
 88 signatories as of August, 2012

 Convention will work against the interests of
Indian women married abroad
 No need to accede to the Hague Convention
as it is already a signatory to the 1989 United
Nations Convention on the Rights of the Child
 Article 16 bars the court of member country
from looking into the welfare of the child
“..Mothers do not enjoy legal rights in a foreign
country in majority of cases and end up losing
custodial battles.” – A senior Officer at Law
Ministry to HT

 The Hindu Marriage Act, 1955 – Section 26
 The Hindu Minority and Guardianship Act, 1956
– Section 4(a)
 The Guardians and Wards Act, 1890

Case Laws
 Dhanwanti Joshi v. Madhav Unde

 Mohinder Gahun v. State of NCT of Delhi

 218th Law Commission Report (2009)
recommends for the Ratification
 Courts have not followed uniform Pattern and
absence of progressive development of the
subject
 Induces significant physical and Emotional
suffering on child
 India not being a signatory causes a Negative
influence on a foreign Judge deciding the
custody of a child in relation to India

 Ratify the Hague Convention as per the Law
Commission recommendations
 Legislate more effective Laws in case of
divorce settlements avoiding the total award of
custody for a singe parent
 Off-Court settlements have to be encouraged
 Mediation & Arbitration are the better ways of
handling the issue

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Parental child abduction

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