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Indian court can't settle NRI custody

dispute: SC
SPOTLIGHT
The Supreme Court has ruled that Indian courts cannot settle disputes of NRI couples
pending in foreign courts. Defence Dial Mon

By Dhananjay Mahapatra, TNN | Dec 12, 2009, 05.47 AM IST Save

1
Comments

NEW DELHI: Faced with the prospect of litigating a marital dispute or child custody case in
foreign courts, NRI mothers mostly prefer to return home and seek legal protection from
sympathetic domestic courts. Virtually closing the door on this practice, the Supreme Court
has ruled that Indian courts cannot settle disputes of NRI couples pending in foreign
courts.

India’s NSG hopes may again Thi

So, a four-and-a-half year old girl will now have to travel back to the UK with her NRI hit Chinese Wall at Vienna meet tax
mother to appear before the country's High Court of Justice, Family Division, which had on The other P5 members, including the US The
November 26 last year directed the child to be returned to its jurisdiction to decide a and Russia, have backed India’s case the
custody dispute raised by the girl's father, Aviral Mittal. based on its record. circu
Swedish Awacs in focus again after PAF mon
used it against India illne
Aviral, who has been working in the UK since November 2000, married Shilpa on VVIP scam: Defence agent arrested for 11
November 4, 2003. A girl was born to them on February 20, 2006 in the UK. She acquired routing kickbacks de
British citizenship despite her parents continuing to hold Indian passports. 4
M

When the marriage turned sour, Shilpa returned to India on September 12, 2008. Aviral
then moved court in the UK, pleading that the child be made a ward of the court. The
court, on November 26, 2008, directed Shilpa to return the child to the UK court's
jurisdiction.

Aviral's father, through counsel P Jouhar, moved the Delhi High Court on December 4
POLITICS
seeking custody of his granddaughter. After a failed mediation attempt, the HC on August
The art of making
7 this year directed Shilpa to take the child back to UK and join proceedings before the money off the BJP
courts there within 14 days.
Narendra Modi’s face has launched a
Shilpa challenged the order in the Supreme Court. thousand digital enterprises, most of t...

REGULATION

Agreeing with the HC's ruling, an apex court bench comprising Justices Altamas Kabir and How uncontrolled path
Cyriac Joseph said the UK HC had said nothing except insisting that the minor be returned labs put you at risk
to its jurisdiction for a decision on her right of custody.
Over 99,000 pathology labs in the country
are operating in a regulatory wil...
``The decision has to be left to the British courts, keeping in mind the nationality of the
child and the fact that both the parents had worked for gain in the UK and had also DEALS

acquired permanent resident status there,'' the bench said, adding the British HC had not Independent directors
hold the key at
directed handing over of the child to the father.
Mindtree
Mindtree’s directors should carry out their
It asked Shilpa to abide by the Delhi HC order but asked Aviral to submit a proposal about fiduciary responsibility as the...
her travel plans and stay in the UK, at least for a month. Accordingly, he has submitted a
plan saying Shilpa could stay at his three-bedroom house in Swindon, UK. If she was not
willing to stay there, he agreed to pay for alternative accommodation and daily expenses.
The case will come up for final hearing on December 15.
Most Read Most Shared Most Commented

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Lok Sabha polls will be the triple test of BJP
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poorest

What will happen if BJP can not get a majority of its

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The homecoming of Gulf returnees: From

remittance riches to loans for poultry farms
In Malappuram district, Gulf returnees line up daily in front of the office of Kerala State
Pravasi Welfare Development Co-operative Society Ltd seeking loans.
By K R Rajeev, TNN | Mar 27, 2019, 10.49 AM IST Save

0
Comments

BCCL
In the not-so-distant past, bank managers
used to go out of their way to woo expatriates
for investments when they were home on
holiday. But now expats, back home
permanently, are queuing up at financial
institutions across Kerala, desperately
 seeking loans to set up small businesses, a
tailoring unit, a tea stall. Anything.

In Malappuram district, which has the biggest

According to the 2018 survey, as many as 29.4% expats emigrant population (4.06 lakh) in the state,
who have returned did so following job loss or lay-offs. Gulf returnees line up daily in front of the
office of Kerala State Pravasi Welfare Most Shared Most Commented
Most Read
Development Co-operative Society Ltd (KSPWDCS) seeking loans. The business
proposals themselves aren’t especially innovative — they range from poultry and dairy Lok Sabha polls will be the triple test of BJP

farms to beauty salons and bakeries. Congress poll pledge: Rs 72,000 a year for the
poorest

Kerala’s six-decade-old Gulf dream is fading. The Kerala Migration Survey 2018, What will happen if BJP can not get a majority of its
conducted by Centre for Development Studies (CDS), shows a reduction of 2.78 lakh own?

emigrants from 2013-18. “We get around 100 loan applications each month from Gulf 2019 Lok Sabha elections: BJP announces first list
returnees desperate to secure a livelihood back home. The Rs 5 crore allotted to us under of candidates, PM Modi to contest from Varanasi
the (returning emigrants) scheme got exhausted in February,” said Pratheesh Mullakkara, The three codes Modi cracked to give India a huge
secretary of KSPWDCS. foreign policy jumpstart

More »
Pratheesh said only a fraction of the project proposals submitted by the returnees for self-
employment loans are viable. “Many are not aware of market conditions in Kerala and
come up with a project just because some other returnee attempted it,” he said.
Politics Trending Terms
Lok Sabha Election Live Today Elections 2019

One loan applicant, V M Nandakumar, approached the society hoping to set up a soft Rajnath Singh Rahul Gandhi Nitin Gadkari

drinks kiosk. He returned from the Gulf after the construction company he and three others Nitish Kumar Mamata Banerjee BJP Mayawati
Akhilesh Yadav Samajwadi Party Yogi Adityanath
ran in Oman closed when nationalisation norms mandated appointment of two Omanis in
Congress
the firm. “We could not afford paying salaries to Omani staff. After returning, I started
taking up small-scale construction work. But the local economy, which is dependent on
Gulf remittances, is severely hit,” he said.

A P Khader Ali of Vattalloor had to return from Saudi Arabia after winding up his cosmetics
distribution business in 2014 after new regulations made it difficult to renew his visa. He’s
now a poultry farmer and has become secretary of Kerala Poultry Farmers’ Association on
the strength of a large number of fellow expats who have ventured into the field.

The return of the expats is mainly attributed to nationalisation programmes by many Gulf
countries, economic recession and rise in living costs. According to the 2018 survey, as
many as 29.4% expats who have returned did so following job loss or lay-offs.

S Irudaya Rajan of CDS, said Kerala should make the rehabilitation of returning migrants a
priority. “The number of returnees in the state has touched 12.95 lakh and many are in the
productive age group. There should be a mechanism for their skill assessment and
agencies like Non-Resident Keralites’ Association (Norka) should conduct a post-return
mentorship on a wider scale,” he said.

Norka authorities said the scheme to aid returnees has helped turn 700 expats into
entrepreneurs in the last year.
Save

0
Comments

Read more on Saudi Arabia Remittance Riches Kerala Loans Poultry Farms

Gulf Returnees

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