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A California court has upheld my expert evidence on
the child custody laws of India to the effect that if a child is taken to and wrongfully
retained in India it will generally not be possible to secure the child’s prompt
return from India.
The Court also found that
any effort to seek the assistance of the Indian courts would be extremely slow
and expensive, and would most likely be ultimately unsuccessful. Accordingly,
the court denied the mother’s move-away application.
In refusing to permit the move-away, the court
rejected the opinion of an Indian lawyer who sought to refute my opinions.
My opinions also concerned the impact on the child’s
father of a case brought by the mother under the notorious Section 498A of
India’s Penal Code. I opined that the initiation of a Section 498A case or even
the threat of such a case creates a real and distinct danger for a non-resident
Indian husband who is engaged in hostile divorce or custody proceedings in
India with an alienated wife of Indian origin.
