Custody of Children in India - An Inter-Country Dispute

Abstract

The cases concerning parental child abduction often raises the question of comity of courts principle since they are generally cross-jurisdictional. The comity of courts principle requires that courts effectuate judgements of foreign courts as a matter of justice, equity and good conscience. In child custody matters Indian Courts have displayed significant inconsistency in enforcing foreign court orders. The researcher tries to identify the pattern in inconsistent judicial orders pronounced by Indian courts in child custody matters. The factors are taken into consideration by the Indian Courts in accepting or rejecting the foreign court orders and while awarding the custody of the minor will be analyzed in detail.