Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

The Bombay High Court judgement of 7 February in the case of v., is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The court's meticulous analysis of the Convention's objectives, alongside Indian laws pertaining to child custody and welfare, underscores the global challenge of ensuring children's rights are safeguarded when parental disputes cross international lines. The court's effort to strike a balance between respecting international legal commitments, such as those proposed by the Hague Convention, and domestic legal principles governing child welfare, is a delicate endeavour that requires careful consideration of all factors affecting the child's best interests. It is at this junction where it becomes prudent to reflect on the counsel for the case, Anil Malhotra, Advocate,who in his book chapter titled, “Family Law: British and Indian Perspective” in Re-Imagining the International Legal Order, noted, India's approach to international family law is characterised by its non-signatory status to the Hague Convention on the Civil Aspects of International Child Abduction.