Wednesday, November 18, 2009

Indian court sends back custody dispute to US

For a change, I liked this judgment from India's supreme court (news). It was about child custody dispute between an estranged couple, both US citizens, and their US citizen child was taken to India by the mom. Not unusual, but this time the court directed the mom to go back to US, and settle the dispute with the help of US court, which is already dealing with the divorce case. It also directed the dad (petitioner) to take care of expenses until the US court provides further direction - that should set aside mom's financial distress in fighting against dollars. It sets a nice precedent, so these types of abduction cases can be meaningfully addressed. India hasn't signed the Hague Convention on Child abduction, and dealing with these in lower Indian courts can be a nightmare, full of contradictions. I think this is a positive and progressive judgment.

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