India and the Hague Convention
India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. So there is no automatic return mechanism. Indian courts decide what is best for the child.
How Indian courts approach it
In Nithya Anand Raghavan v. State (NCT of Delhi) (2017), the Supreme Court held that the welfare of the child is paramount. A foreign court's order is an important factor, but not binding on its own. Courts may order return to the foreign country, allow the child to stay in India, or set arrangements for both parents.
Legal routes
- Habeas corpus petition in the High Court.
- Custody petition in the family court under the Guardians and Wards Act.
- Proceedings in the foreign court, run in parallel.
Urgent steps
Act quickly. Delay can affect how the court views the child's settledness. Keep copies of passports, school records, foreign court orders and communication with the other parent.
Related pages
Frequently Asked Questions
My spouse brought our child to Delhi without consent. What can I do?
Will an Indian court enforce my foreign custody order?
Can I stop my child being taken abroad?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.