10. Where the High Court is satisfied, upon an application made to it under section 9, but subject to section 11 that.
| (a) the child in respect of whom the application is made has been wrongfully removed to, or retained in, Sri Lanka as the case may be, within the meaning of section 3 , and |
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| (b) a period of less than one year has elapsed between the date of the alleged removal or retention, as the case may be. and the date of such application, |
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shall forthwith order the return of such child to the specified country in which that child has his or her habitual residence .Provided that the High Court may order the return of a child to the specified country in which that child has his or her habitual residence even in a case where more than one year has elapsed between the date of the alleged removal or retention, as the case may be, and the date of the application, unless it is satisfied that the child is settled in his or her new environment . |
Sri Lanka Consolidated Acts