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Report No. 263

20. Relaxation of requirements of proof of foreign law.

(1) The High Court, while ascertaining whether there has been a wrongful removal or retention within the meaning of section 3, may take notice of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

(2) The High Court may, before making an order under section 15 for the return of a child to the Contracting State in which that child has his or her habitual residence; direct the Central Authority, to obtain from the concerned authorities of the Contracting State in which that child has his or her habitual residence, a decision or determination as to whether the removal to, or retention in, India, of that child, is wrongful within the meaning of section 3.



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




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