Custody of Child-- Foreign Decree -- Parent Who Participates In Foreign Court Proceedings Without Contesting Jurisdiction Cannot Invoke Indian Courts To Defy Orders Of That Foreign Court
A parent who participates in foreign court proceedings without contesting jurisdiction cannot subsequently invoke the jurisdiction of Indian courts to frustrate or defy orders of that foreign court. Removal of a child from the custody of a parent holding a valid foreign court order, without permission of that parent or the court, renders such custody unlawful. A couple married under foreign law is governed by the laws of that country, and rights and obligations arising from that marriage are determined accordingly. Until the age of five years, custody of a child is appropriately with the mother, and forcible displacement of a young child from his primary caregiver to an alien environment is contrary to the best interests of the child.
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