There is no law against Parental Kidnapping or Parental Child Abduction in India. If one parent chooses to take the child(ren) and restricting the other parent from meeting/ talking to the child(ren), there is no law against it. The only option left for the later is to go to the court and fight a civil battle, which could last a decade if they're lucky!
There can be three major scenarios that I have observed:
Parents live in some other country like US, Canada, UK, Australia etc. one parent (abducting parent) takes the child(ren) without the consent of the other parent (left behind parent) to India. Even though the law of the country of habitual residence considers it as a criminal offence, India does not. As a result, the only option with the latter is to come to India and fight a custody battle in an Indian court which could take ages. There is a good chance that the former will restrict the latter to have any contact with their child whatsoever till the court comes to a conclusion.
Parents live in India and one parent (abducting parent) decides to take the child(ren) to a separate house or city or state, this, in the eyes of the Indian Judicial System will not be considered as an offence. There is nothing the other parent (left behind parent) can do except go through the tedious and lengthy court battle. Again, the chances are that the later will not be allowed to have any contact with their child again.
Parents live in India and one parent (abducting parent) decides to take the child(ren) to a separate country. Again in this scenario, there is not much the other parent (left behind parent) can do to since the Indian Judicial System does not consider the Parental Abduction as a criminal offence.
I have come across many incidents of either nature and found that it is not only traumatising for the parent but it is also traumatising for the child(ren). There are not enough laws in India to deal with situations like these. And even with the increasing divorce rate in India, there need to have better laws for custody and child care in compliance with the international standards keeping in the child's best interest a priority and making sure that the child has access to both the parents at any given time.
With rise in cases like these where one parent abducts the child(ren), there should be laws in place which deem this as a criminal offence and also as an act of Child Abuse!
Parental Kidnapping and Parental Child Abduction should be treated in India as a criminal offence and should be considered an act of child abuse.
In case the parents decide to separate or get a divorce, the children should have access to both parents since the children never stop being lesser children of one parent and a parent never stops being a lesser parent to the children either.
My request to the esteemed Supreme Court of India is to please amend the laws and treat Parental Kidnapping and Parental Child Abduction as a criminal offence and it should be dealt with immediate action from the executive bodies without any further procrastination.