Report No. 263

Chapter VI
Application in respect of child removed from India

23. (1) A person, institution or other body in India claiming that a child has been wrongfully removed to a Contracting State or is being wrongfully retained in a Contracting State in breach of rights of custody of such person, institution or other body, may apply to the Central Authority for assistance in securing the return of that child to India.

(2) On receipt of an application under Sub-section (1), the Central Authority shall apply in the appropriate manner to the appropriate authority in the Contracting State to which such child is alleged to have been removed or in which such child is alleged to be retained, for assistance in securing the return of that child to India.

(3) The rights of custody mentioned in Sub-section (1)above, include rights of custody accruing to any person, institution or other body by operation of law;

(a) by reason of judicial or administrative decision; or

(b) by reason of an agreement having legal effect under the law of India.

24. The High Court may, on application made by or on behalf of the appropriate authority of the Contracting State, declare that the removal of a child to that Contracting State or the retention of that child in that Contracting State is wrongful within the meaning of Section 3.