Notes on Indian law filed under Guardianship and child custody, published by Juris Eagle.https://juriseagle.com/insights/practice/guardianship-and-custodyen-inMon, 09 Nov 2026 12:40:42 GMThttps://juriseagle.com/disclaimerhttps://juriseagle.com/insights/custody-of-a-child-when-one-parent-lives-abroadhttps://juriseagle.com/insights/custody-of-a-child-when-one-parent-lives-abroadAn Indian court decides the custody of a child on the child's welfare, and a petition about the guardianship of the child's person goes to the court of the place where the child ordinarily resides under section 9 of the Guardians and Wards Act, 1890, which in Bengaluru means the Family Court. India is not a Contracting Party to the Hague Convention on the Civil Aspects of International Child Abduction, 1980, so the remedies for a parent abroad are the Indian statutes and, where a child has been brought to India, a writ of habeas corpus before the High Court. A foreign custody order is only one factor the Indian court weighs, as the Supreme Court said in Nithya Anand Raghavan v. State (National Capital Territory of Delhi) (2017).Tue, 03 Nov 2026 00:00:00 GMTAdv. Harsha Swaroop PMatrimonial & Child Custodyguardianship-and-custodymatrimonial-and-family2024 Juris Eagle. This website is intended solely for informational purposes and does not constitute solicitation or advertisement under applicable Bar Council regulations. The transmission or receipt of information through this platform does not create an advocate-client relationship. Legal advice is rendered only upon formal written engagement with the firm.