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Report No. 219

IV Inter-Parental Child Removal - A Peculiar Problem

4. A very interesting, human and engrossing area of cross-border litigation arises in cases of inter-parental child abduction from foreign shores when a spouse removes the child to India in violation of a foreign court order. Unfortunately, India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, 1980. Neither was Pakistan. But the UK-Pakistan Judicial Protocol was signed on January 17, 2003 by the President of the Family Division of the High Court of England and Wales and by the Chief Justice of the Supreme Court of Pakistan.

It incorporated the effective provisions of the Hague Convention for the return of the abducted children to the country of the habitual residence. Perhaps, the crying need of the day exists for one in India also. Even though the British and Indian Governments have recently signed a treaty to extradite offenders of criminal law but in respect of matrimonial problems there is no such agreement, treaty or protocol. Even Legislative changes are still a far cry.

Need for Family Law Legislations for Non-Resident Indians Back

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