Report No. 263
Chapter VI
Application in respect of child removed from India
24. Application to Central Authority for return of child to India.
(1) A person, institution or any other body in India claiming that a child has been wrongfully removed to, or is being retained in, a Contracting State in breach of rights of custody of such person, institution or any other body, may apply to the Central Authority for assistance in securing the return of that child to India.
(2) Every application made under sub-section (1) shall be made in such form as may be prescribed.
(3) On receipt of an application under sub-section (1), the Central Authority shall forthwith apply to the appropriate authority, in the manner, if any, specified in the contracting State to which the child is alleged to have been removed or retained, for assistance in securing the return of that child to India.
(Provision relating to Declaratory Powers of High Court not necessary in view of clause 16)
Back
