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Calls for India to sign Hague Convention on Child Abduction

Supreme Court of India affirms jurisdiction of Indian courts despite foreign orders

It is reported in India that demands have been raised with the government for it to accede to the Hague Convention on the Civil Aspects of International Child Abduction in order to protect the rights of non-resident Indians. The calls follow a Supreme Court judgment which has affirmed the jurisdiction of Indian courts to deal with disputes of children's custody even if they are foreign citizens.

The Supreme Court ruled that simply because a foreign court had made an order, it did not mean that Indian courts should put off deciding on the issue. It is said that the judgment has far-reaching implications for Indians living abroad.

The Supreme Court said that the interest and welfare of the child was of primary concern and required a competent court in India to examine the matter independently, taking the foreign judgment, if any, only as an input for its final adjudication.

For fuller details of the judgment and responses to it, please click here.