The question (6 marks)
A couple married in India and settled abroad, where their daughter was born and has lived all her seven years and attends school. On the breakdown of the marriage the court of that country, on the father's application, passed an interim order granting him custody. Three months later the mother brought the child to Mumbai and filed a petition for custody, the father having promptly applied for the child's return. (a) Which court has jurisdiction over the child, and on what connecting factor? (b) How should the Indian court deal with the foreign order? (6 marks)
MU Module III, guardianship and custody; pack ch. 03 §7.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Applicable Law — Family Matters of Conflict of Laws.
Authorities you will need
- Guardians and Wards Act 1890, s. 9(1)
- Re P
- McKee v. McKee, Privy Council
- Re R
- Marggarate Pulparampil, Kerala High Court, Govindan Nair J.
- Surya Vadanan
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.