Anil Malhotra
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Anil Malhotra attained his Master of Laws (LL.M) Degree from the University of London (SOAS) in November 1985.
He is a fellow of the IAFL (International Association of Family Lawyers). He is practising as a lawyer for 38 years and he co-authored nine books.
As an Indian legal expert, he renders reports in foreign courts in overseas jurisdictions. He conducts matters in Indian courts pertaining to interpretation and application of foreign Court Orders regarding divorce decrees, child abduction, custody, maintenance, alimony, succession, property, adoption, surrogacy and family related issues of Non-resident Indians.
Anil has significant Amicus assistances and has persistently proposed India to sign the Hague Convention on Child Abduction 1980.
Relevant experiences and positions
Anil has conducted and argued about 900 matters till date in different Superior Constitutional
Courts in India and most of them are reported Judgments in different law journals.
He has rendered about 30 Amicus Curiae Assistances in Constitutional Courts in India on
different aspects of International Family Law and interpretation of statutes involving
fundamental rights.
Anil has been instructed by different Foreign Courts, Institutions abroad, Barristers, Solicitors
and Litigants for opining and giving expert evidence on different aspects of Indian Family
Law. Rendered about 130 expert reports to date in this regard.
He co-authored 9 books on different aspects of International Family Laws in India and
Private International Law from 2005 to 2020.
Some personal questions
What is your opinion on the law / case law on child relocation in your country?
India is not a signatory to the Hague Child Abduction Convention. All remedies
are on the basis of Habeas Corpus Petitions on parens patriae jurisdiction.
What is your advice to parents who are thinking about relocating with a child?
My advice to such parents would be to drop an MOU detailing all the terms and
conditions applicable to both parents when a child is to be relocated to India.
What is your advice to parents about international parenting plans?
All such plans must carry the approval of an Indian Family Court.
What should parents know before starting a court procedure about child relocation?
Parents should be well aware of the remedy best suited to them in the specific
jurisdiction in India where the child is to be relocated. Engaging a Counsel well
versed with family matters is extremely important in India as there is no
dedicated Family Law Bar and select Family Law specialists must be engaged.
What is your opinion on/ experience with the interests of siblings in child relocation
cases?
India decides individual cases on the best interest of the child principle and
Foreign Court orders are only one consideration.
When did you first handle a child abduction case?
In 1986 I handle my first child abduction case.
Why is it interesting for you as a lawyer to work on these cases?
It is the professional pursuit which is engaging and enriching.
What makes a child abduction case different from other cases?
It involves very sensitive human emotions and individual sentiments.
Which cases are you most concerned with?
Removal of Children across borders violating Foreign Court Orders.
Which child abduction case will you never forget?
Case involving illegal removal of a child from India to a Muslim nation.
What do you think is important to do or not do as an attorney in child abduction cases?
It is very important that you should not outsource or delegate a child abduction
case to another Counsel when you have been specifically engaged in the matter.
How do you ensure good cooperation with the parent in a child abduction case?
By involving the parent in participating and being present at all hearings, as also
discussing the merits and demerits of the matter at every stage.
What can people do to support the children during these proceedings?
By talking, sharing and listening to the affected parties.
What do you think all people should know about child abduction cases?
Children should not be removed across borders to be alienated by parents.
What would you like to say to judges who handle these cases?
Sensitivity, privacy, chamber discussions with children and parents.
What do you think will change in the future in this area of law?
Having an international child abduction law applicable to all nations by virtue of
a international convention open and accessible to all countries.
What is your advice to parents dealing with international child abduction?
Talk to negotiators, mediators, conciliators and Counsels.
What is your advice for parents who are dealing with a case of child abduction?
Do not violate the law.
Do you advice parents to file criminal charges in case of child abduction?
Criminal charges should be filed as it offends children.
Do you think your country is dealing well with criminal cases concerning child
abduction?
In India parental child removal is not a criminal offence.
What is your advice to parents who are facing criminal charges of child abduction?
Express remorse, regret and apologise.
What are the complicated aspects of criminal cases concerning child abduction?
Indian does not have any.
What is your opinion on the criminalization of frustrating contact / child abduction
between the child and the other parent?
It is extremely harmful, injurious and damaging for the child.
