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International Family Law

The leading authority on international family law

10 OCT 2012

India - New Dimensions in NRI Child Custody Cases after Supreme Court Judgment of 13 May 2011 in Ruchi Majoo v Sanjeev Majoo

Anil Malhotra*

  • The expression ‘ordinarily resides' in Guardian and Wards Act are to be determined by intention of parties and not merely on foreign abode or overseas nationality.
  • Foreign Court Custody Orders not to be conclusive but to only be factor or consideration that would go into the making of a final decision by an Indian Court. ‘Objectivity and not abject surrender is the mantra in such cases.'

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