Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Child and Family Welfare: Custody of child - Principles of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | unless he is immediately repatriated, his inherent potentials andfaculties would suffer an immeasurable set back - The respondent-mother is also disinclined to restore her matrimonial home - Theyounger son is with her - There is no convincing material on recordthat the continuation of the child in the company and custody of theappellant in India would be irreparably prejudicial to him - Thee-mails exchanged by the parties suggested that they had been intouch since the child was brought to India - In the e-mails, theyhave fondly and keenly referred to both the sons staying in eachothers company, expressing concern about their illness and generalwell-being as well - As has been claimed by the appellant, the childis growing in a congenial environment in the loving company of hisgrand-parents and contrary to the nuclear family environment inUS, he is exposed to a natural process of grooming in the associationof his elders, friends, peers and playmates, which is irrefutablyindispensable for comprehensive development of his mental andphysical faculties - Immediate restoration of the child is called foronly on an unmistakable discernment of the possibility of immediateand irremediable harm to it and not otherwise - High Court didnot at all apply itself to examine the facts and circumstances andthe other materials bearing on the issue of welfare of the child whichare unmistakably of paramount significance and instead seemed tohave been impelled by the principle of comity of courts and thedoctrines of "intimate contact" and "closest concern" de horsthereto - The appellant being the biological father, his custody ofthe child can by no means in law be construed as illegal or unlawfuldrawing the invocation of a superior Courts jurisdiction to issue awrit in the nature of habeas corpus.unless he is immediately repatriated, his inherent potentials andfaculties would suffer an immeasurable set back - The respondent-mother is also disinclined to restore her matrimonial home - Theyounger son is with her - There is no convincing material on recordthat the continuation of the child in the company and custody of theappellant in India would be irreparably prejudicial to him - Thee-mails exchanged by the parties suggested that they had been intouch since the child was brought to India - In the e-mails, theyhave fondly and keenly referred to both the sons staying in eachothers company, expressing concern about their illness and generalwell-being as well - As has been claimed by the appellant, the childis growing in a congenial environment in the loving company of hisgrand-parents and contrary to the nuclear family environment inUS, he is exposed to a natural process of grooming in the associationof his elders, friends, peers and playmates, which is irrefutablyindispensable for comprehensive development of his mental andphysical faculties - Immediate restoration of the child is called foronly on an unmistakable discernment of the possibility of immediateand irremediable harm to it and not otherwise - High Court didnot at all apply itself to examine the facts and circumstances andthe other materials bearing on the issue of welfare of the child whichare unmistakably of paramount significance and instead seemed tohave been impelled by the principle of comity of courts and thedoctrines of "intimate contact" and "closest concern" de horsthereto - The appellant being the biological father, his custody ofthe child can by no means in law be construed as illegal or unlawfuldrawing the invocation of a superior Courts jurisdiction to issue awrit in the nature of habeas corpus. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 1195 |
Petitioner | Prateek Gupta |
Respondent | Shilpy Gupta & Ors. |
SCR | [2017] 13 S.C.R. 230 |
Judgement Date | 2017-12-06 |
Case Number | 968 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |