With a planned abduction, mother files for a false complaint of Domestic Violence with Salem, NH Police Department (NHPD). NHPD separates the father until the court hearing. When the Judge after hearing both sides declares that there was no abuse and father was not a credible threat, mother was disappointed and planned to abduct the child. Realizing the dangers posed by the Mother, the Father files for divorce and custody of the child. After learning about the failure to obtain the restraining order and the impending divorce suit filed by the Father, Mother now flees to India with the 4-month old child, who is a US Citizen by birth. Realizing the abduction, Salem Family court awards a temporary full custody of the child to the father and orders the mother to return the child to the US into the Father’s care. Mother goes into hiding in India by constantly changing addresses, stalling communications on requests of whereabouts, denying receiving US court papers and when met in person by lawyers who served them. Mother then files for restraining order again and for child-custody (guardianship) in a local Indian court suppressing the facts about the verdicts obtained in the US. Indian local courts grant the custody based on ex parte. Father approaches Indian courts requesting the return of the child by filing a Writ of Habeas Corpus at the State Supreme Court (Madras High Court in the southern state of Tamil Nadu). See the court’s verdict below.
Indian judge says “Since court order to return the child to USA was issued only two days after bringing the child to India there was no prior court order, mother’s act is not illegal and hence not a child abduction”
Please follow the link for the judgment from Madras High Court.