Anju, or Fatima, informed the police during her interrogation that she had converted to islam and married Nasrullah. According to reports, she was unable to give verification of her married status and had no documentation pertaining to her marriage. She also discussed her plans to relocate her children from her previous marriage to pakistan after divorcing Arvind, the man she married in India. According to legal experts, she can only obtain custody of her children following a divorce.
Nasrullah, a facebook friend whom she later married, returned to the country earlier this week over the wagah Border. According to reports, Anju, who converted to islam and now goes by the name Fatima, was questioned by the punjab Police's intelligence section before being allowed to fly to New delhi on wednesday (November 29).
Conflicts of jurisdiction: Determining which nation has the legal right to make custody decisions can be difficult. It frequently relies on a number of criteria, including the children's normal residency, nationality, and the location of the divorce or separation procedures.
International treaties and laws: Both india and pakistan may be signatories to international child custody treaties, such as the Hague Convention on the Civil Aspects of international Child Abduction. These accords may serve as standards for dealing with international custody issues.
Cultural and religious considerations: Both nations' cultural norms and religious practises can impact custody judgements. Courts may consider cultural concerns in addition to the child's best interests.
Legal representation: To manage the complexity of the legal systems in both countries, both parties may require legal assistance versed with international family law.
Parental rights and obligations: Determining each parent's rights and responsibilities, including visitation and financial support, is critical in international custody fights.
Enforcement of court orders: Due to disparities in legal systems and cooperation across nations, enforcing custody orders across international boundaries can be difficult.
Differences in Legal Systems: Legal systems differ greatly between nations. Due to variations between laws, processes, and interpretations of custody issues, court rulings made in one country may not be immediately accepted or enforced in another.
International Inconsistency: There is no globally agreed set of rules or processes for implementing custody orders across countries. Because of this lack of consistency, it is difficult to negotiate and enforce custody rulings in different nations.