Inter Parental Child Removal and the Law by Anil Malhotra and Ranjit Malhotra

Sitting Row left to Right:

Susan Jacobs, Richard Varma,  Justice A.K. Sikri, Soli Sorabjee and Justice Madan Lokur

Standing Row left to Right.

Philippe Lortie, Denis, Ranjit Malhotra, Aastha Malhotra,  Ankit Malhotra, Anil Malhotra and William Longrigg.

Co-authored by Chandigarh based lawyers, Anil and Ranjit Malhotra, their seventh book titled, ”India, Inter-Country Parental Child Removal and the Law,” was released  at a reception on 16th September hosted for the 150 international delegates attending the annual conference of the International Academy of Family Lawyers, (IAFL) New Delhi from 13 to 17 September. A large number of family law practitioners from all abroad were present along with local dignitaries who attended the book launch.

Former Attorney-General for India Soli Sorabjee released the book, for which he has written the preface, at the India International Centre in the presence of Supreme Court Judges, Justice Madan B. Lokur and Justice A.K. Sikri, the US Ambassador to India Richard Varma,  Special Advisor for Children’s Issues, Ambassador Susan Jacobs and Philippe Lortie, First Secretary at the Hague, Netherlands.

In his brief address, Mr. Sorabjee said that it was amazing that the book was being released in the presence of 150 representatives from about 90 countries, who had come to participate in the Conference of the International Academy of Family Lawyers.

Justice Sikri, meanwhile, appreciated the authors for writing a book every year and lauded their work which had contributed significantly to suggest solutions for resolving problems of huge Indian diaspora.

In the preface, Mr. Sorabjee says that about 30 million of Indians live in 180 countries, having cross-border matrimonial relationships. Their broken multi-jurisdictional matrimonial relationships lead to removal of children to India or foreign jurisdiction in violation of country custody orders, or the infringement of parental rights of the aggrieved parents. Mr Sorabjee also expresses anguish over the fact that India does not recognise inter-parental child removal as an offence.

Mr Richard Varma, US Ambassador and Susan Jacobs, Child abduction Ambassador appreciated the initiative of the authors in bringing inter country parental child removal problems in a consolidated publication and strongly supported the Indian initiative to sign the Hague Convention on child abduction to which 94 nations were parties.

The book covering various aspects of the problem has three chapters. The first chapter is a bird’s eye view  with ten small sub-chapters containing short pieces giving a brief perspective of the issue and different dimensions of the problem. The remaining two detailed chapters contain lengthy descriptions supported by relevant case law and detailed references to judgments relating to the subject. Various issues relating to implementation of foreign court judgments and possible safeguards to ensure return of children to their foreign homes find elaborate mention in these detailed chapters. The book has sixteen appendices which are important reference documents relating to the issue of international parental child abduction. Relevant Indian statutes, the Hague Convention on civil aspects of international child abduction, extradition treaty between India and the UK and important judgments are part of the sixteen appendices. The book also contains prints of sixteen Supreme  Court of India judgments which are the relevant case law governing principles of issues arising out of intra and inter country, parental child removal problems. Four judgments laying down essential principles governing the principle of the welfare of the child being the paramount consideration are also part of the book.

This book is priced at `750 and is available at Universal Book Traders, C-27 Connaught Place, New Delhi-110001. sales @ubtlawbooks.com

Leave a Comment