WOW is all i could say when i read this case. Father detains children in India, Mommy comes back to US and files a habeaus corpus petition in Kerala HC. Kerala HC orders father to return US citizen children to Mom in Texas until a court in Texas rules on custody because Texas is the right jurisdiction. WOW is all I can say….WHY
Reverse the genders in this situation and you get my story. I too filed a Habeaus Corpus in Delhi HC which was dismissed by a vague one line order (“it does not lie here, hence dismissed”) and currently I am appealing in SC and none of the judges seem to be taking the tack that this Kerala HC judge took in this case. WHY? BECAUSE I AM DADDY, I AM A MAN!!!!!
read the Kerala HC judgement here
Posted in child custody, fatherless society, gender bias, indian child custody, judgements, parental child abduction
Tagged child custody, eugenia archetti abdullah, habeaus corpus, j m james, jamshed ahmad abdullah, k a abdul gafoor jr, kerala HC, TEXAS, US citizen children
If you are an NRI married to a woman whose permanent home is not in the country you reside in, have children, and you are seeing any signs whatsoever of issues in your marriage, YOU NEED TO ACT FAST to prevent the international parental abduction of your children.
What do i mean by need to act fast? Get a court order to prevent the abduction, have the court rule that passports should be kept in a safe place and accessible only by both parents consent, and once you have the court order ensure that the immigration authorities enter the likely kidnapper’s name in a database so that if the kidnapper tries to leave the country they are apprehended immediately
Remember, prevention is better than cure
There are zillions of cases where parents did not do this and now are suffering. Once a child leaves the jurisdiction of the country you are in, the arms of law become very weak. If the child is kidnapped to a country that is not a signatory to the Hague convention treaty (e.g. India), you’re screwed.
It is not easy to convince the courts but do not give up, get a good lawyer and push the court hard to ensure the order is given
READ THIS ARTICLE WHICH TALKS ABOUT TEXAS AND GETTING THE ORDER PASSED
Recent news reports about a Texas polygamist compound highlight the abuse of underage girls by compelling them to marry men two or three times their age under threat of excommunication.
But very little attention has been paid to the abuse and neglect of the boys. Even those as young as 13 are frequently expelled from the compound and forced to fend for themselves without education, friends, or adult guidance.
The New York Times article estimated that 500 to 1,000 boys had been expelled from one Utah compound alone over the past six years, out of a total compound population of about 10,000 — meaning that a large percentage of the boys had been expelled.
READ THE FULL ARTICLE HERE