Interjurisdictional Parental Kidnapping

Abstract

A substantial number of Indians reside and work abroad. Owing to matrimonial disputes, one spouse may decide to return to India when both spouses are abroad, or may choose not to return abroad when one spouse is already in India, taking the child without the consent or knowledge of the other spouse. Such situation often led to criminal complaints for kidnapping against the spouse who takes the child away from the other. This research paper examines the issues of intercountry parental kidnapping of child under private international law. In Addition, this paper deals with the definition of Kidnapping under the Indian Criminal Law, parental kidnapping, child custody, Jurisdiction in conflict, remedies available under the Indian laws, and how the Indian Courts deals with these issues in view of best interest of the child. Finally, I argue that the kidnapping a child by a parent would not be construed as an offence under the Indian Criminal Law.