Legal Question in Family Law in India

Re: Is there an extradition policy between India and US?

Dear Madam,

We acknowledge with thanks receipt of your mail dated July 8, 2003.

We understand that both of you are Hindu and were married as per Hindu Marriage Act. We further understand that you got divorced by a decree of divorce whereby custody of the child was given to you subject to free visitation right to your ex-husband.

In order to provide you a detailed reply we need following documents:

1. Copy of the decree passed by the court.

2. Citizenship status of both you and your ex-husband.

Herein below we provide in brief response to your queries:

Reply to query no. 1

You can always deny any request of your ex-husband, which is beyond the scope of free visitation right. Here we need to peruse the Decree of the Court in order to know what has been granted by the court within the ambit of free visitation right.

Reply to query no. 2

Subject to perusal of Court�s Decree, we do not foresee any initiation of Court proceedings in India to force you to come back to India.

Although India and US have extradition policy but it is generally applicable in criminal cases.

Reply to query no. 3

As the custody of the child has been given to you by a competent Court� decree, at most your husband can enforce free visitation right. Therefore, no question of initiation of any legal steps is required until any pertinent treat appears, which intends to dislodge you from the custody of your child.

In case you need any information/clarification, please feel free to contact us.

Thanking You,

Yours truly,

Dubey and Partners

310, New Delhi House

27, Barakhamba Road

New Delhi-110001

India

Tel:+91-11-23323884/51511472/73

Fax:+91-11-23323890

email: [email protected];[email protected]

*****************************************DISCLAIMER******************************************************

Kindly note that the above said is general in nature and should not be taken as the legal opinion as we do not have the knowledge of the facts and circumstances of the case.

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Re: Is there an extradition policy between India and US?

Your husband, may be able to file a petition for custody or visitation, if he can meet the residency requirements of the state where you live, despite the fact that he's not a citizen of the United States. Of course, if he's only visiting for a few weeks or a month, then this would not be feasible on his part. In the absence of an order from a court of proper jurisdiction in the U.S. requiring otherwise, you are not bound to allow him to take the child anywhere.

Regarding possible actions that an India court could possibly take against you for removing the child from the country without the father's permission, I am not competent to address since I know nothing about the relevant law of India.

I believe that there is an extradition treaty currently extant between the U.S. and India.

In regard to your last question, you simply allow no visitation between father and child beyond the gaze of your eyeballs to ensure that this possibility does not in fact happen.

Re: Is there an extradition policy between India and US?

While the possible actions and/or your rights in US have been competently dealt by Mr. Hendrickson, I will deal only with your second question.

Since divorce and custody ruights have already been granted in your favour by the Indian Court, and visitation rights to your EX, your Ex may initiate further proceedings in the India Court accusing you of violation of the order; this may result in the court asking you to satisfy teh court with regard to the unilateral action taken by you in taking the child out of India without informing the father.

It may not be necessary for you to come to India to answer the court's queries; your lawyer, with a prpoer authority, may take action on your behalf in such proceedings.

The extradition treaty, even if it exists, may not applicable to such cases.

Re: Is there an extradition policy between India and US?

Dear Madam,

The querry sent by you lacks some details:1. Had the court specified some place of meeting in its order? 2.Was there any restriction imposed upon the parties for leaving the country? 3.was your hubby allowed by specific permission to take away the child from you as you are stating? The policy of extradiction is not applicable to you. Kindly give the above details to me apart from the other relevant information you have about the matter. If there are any such clauses in the judgment of the Indian Guardian ship court, then he may proceed against you, but remember, dont be panicy about it. Detail me at my [email protected] so that I can help you by satisfying you querries. You can contact me on my mobile no-9811062868 functional 24 hours a day.

Seeking Your reply soon,

D.M. Bhalla, Advocate, Delhi, India.