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Bombay High Court gives custody of child to Dutch mother, criticises Indian father for alleging racial discrimination

The husband, an Indian national had married the Dutch woman in July 2013. He was thereafter registered as a Dutch resident. Five years later, in 2018, the couple had a child who also became a Dutch citizen.

The couple later filed for divorce before a district court in Netherland. The divorce was granted on April 28, 2023, and the custody of the child was handed over to the mother.

In July 2023, the same court permitted the husband to bring the child to India for a short visit between August 5-19, 2023. The husband allegedly obtained a new passport for the child with an intention to never return to the Netherlands, even though the child had an Overseas Citizen of India (OCI) card.

When the husband did not return, the Dutch woman approached the district court in the Netherlands and urged it to order that her former husband bring back their child.

Despite court orders to bring the child back, the former husband failed to comply. This compelled the wife to approach the Bombay High Court for relief.

Source: Barandbench

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