IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/20040_18.html
   My bibliography  Save this book chapter

International child abduction in India

In: Research Handbook on International Child Abduction

Author

Listed:
  • Anil Malhotra
  • Ranjit Malhotra

Abstract

India is not a signatory to the 1980 Hague Convention, so when a child is abducted to India, it is the Indian domestic legal system that decides whether the child will be returned to their State of habitual residence or will remain in India. International parental child abduction is not subject to legislative definition, and remains a subject of varying judicial interpretation from the Supreme Court in India. This chapter discusses the use of a writ of Habeas Corpus and mirror orders as a possible way forward until a law on the subject is enacted and an adjudicatory dispute resolution process is implemented. Until then, matters will continue to be decided on ad hoc parameters, in the best interests and welfare of the children on a case-by-case basis.

Suggested Citation

  • Anil Malhotra & Ranjit Malhotra, 2023. "International child abduction in India," Chapters, in: Marilyn Freeman & Nicola Taylor (ed.), Research Handbook on International Child Abduction, chapter 18, pages 264-277, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20040_18
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/edcoll/9781800372511/9781800372511.00032.xml
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:20040_18. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.