Parents not U.S. citizens but the child is. If divorced can the child be with Indian mother?

The only positive thing in this whole case till date is (as per the information as provided here by you) that the father of the US daughter has not filed for physical custody of the child in US court against his wife who has taken away the child from USA & is now residing in India.

Had this man filed a custody case in US court the chances for this woman to retain the physical custody of the minor child with her in India would be minimal, if there was some order coming from the US court to produce the child there in person , than even the Indian court would not be of any help to her for not doing so.

Just recently in re: SHILPA AGGARWAL V/S AVIRAL MITTAL & ANR.the Supreme Court of Indian had upheld Delhi High Court judgement wherein the matter relating to foreign born child custody which was decided by a foreign court could not be brought of adjudication in Indian court. The directions given by the foreign court has to be followed by the parent who brought the foreign born child to India against the order or specific directions of the foreign court or did not follow the direction or order of the foreign court in this regard.

In the present case since the father in US has not yet filed for divorce or child custody in USA this best time for the mother of the child to do so immediately so that she can bring about some differentiation in her case with the case above mentioned by me. She can always plead that had filed for the custody of the child first in Indian court, the doctrine of the Comity of Courts ( as the matter of custody first came before Indian court for adjudication rather the foreign court) in favour of the Indian Court, as well the welfare of the infant minor child is more in favour of the mother than the father.

How far she will succeed in her pleadings I can't say but this is matter which require immediate action from her side.

a million. To what end. India does not have jurisdiction over her or the boyfriend / new husband. in keeping with threat they could concern a warrant for her arrest if she ever returns to India. I doubt they might extradite her. 2. asking this question potential that she will have the flexibility to by no potential consent to the youngster getting a passport to leave the U. S.. 3. In some states you would be waiting to record a regulation suit in accordance with criminal verbal substitute or alienation of love. 4. the youngster help order right this is valid. it is not likely CSE would be waiting to enforce it in India. in case you ever come returned to the U. S. they are going to wish their money. 5. not likely.

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