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Report No. 263

16. Power of High Courts to return child to contracting State.

Where the High Court is satisfied, upon an application made to it under section 14, that-

(a) the child in respect of whom the application has been made has been wrongfully removed to or retained in India within the meaning of section 3; and,

(b) a period of one year has not elapsed between the date of the alleged removal or retention and the date of such application;

it may order the return of such child to the contracting State in which the child has his or her habitual residence:

Provided that the High Court may order the return of a child to the contracting State in which that child has his or her habitual residence even in a case where more than one year has elapsed between the date of the alleged removal or retention and the date of such application, if the High Court is satisfied that the child is not settled in his or her new environment.



Protection of Children (Inter-Country Removal and Retention) Bill, 2016 Back




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