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International Child Custody and India - Court Delays

Posted by Jeremy Morley | Feb 04, 2025 | 0 Comments

by Jeremy D. Morley

We have often reported, and I have often testified, on the substantial impact of court delays in India on cases concerning international child abduction and international child visitation.

Yesterday, the Supreme Court of India demanded that the Chief Justice of the Allahabad High Court take steps to remedy the problem of gigantic delays in that court.

It stated that the High Court of Allahabad is flooded with litigation and that each judge is currently responsible for between 15,000 and 20,000 cases, and that only about half of the authorized number of judges have actually been appointed to that court. Kamla Bai v. High Court of Judicature at Allahabad, Writ Petition (Civil) No.84/2025.

This problem of judicial delay applies throughout India.

The impact of long court delays is momentous in cases concerning children who have been taken to India from other countries for a visit and are then retained in India, since it opens the door for Indian courts to find that the children have become sufficiently settled in India for it to be best to keep them there.

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

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