NDLI: Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Custody of children 1956 1890 Guardians and Wards Act s.9 Hindu Minority and Guardianship Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Family Courts Act, 1984 (66 of 1984) Guardians and Wards Act, 1890 (8 of 1890) Hindu Minority and Guardianship Act, 1956 (32 of 1956)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Guardians and Wards Act, 1890 – s.9 – Hindu Minority and Guardianship Act, 1956 – Custody of children – Respondent-husband, a U.S. Citizen married the petitioner-wife in U.S. – After the birth of their daughter, who acquired U.S. citizenship by birth, petitioner-wife also obtained U.S. citizenship – After some time, both the parties visited India – Thereafter, petitioner-wife, who was pregnant at that time refused to return to the U.S. – Respondent-husband instituted custody proceedings before the U.S. County Court – The U.S. Country Court passed an ex-parte interim order and granted temporary custody of both children to the respondent-husband with supervised visitation rights to the petitioner-wife – The petitioner-wife approached the Family Court in India and sought sole & permanent custody of both the children – The Family Court in India held that the paramount interest of the children would lie in shared parenting by the parties in the U.S. and the petitioner-wife was not entitled to the sole custody of the children – Aggrieved, the petitioner-wife filed appeal before the High Court in India, which was dismissed – Thereafter, respondent-husband filed writ of Habeas Corpus before the High Court in India to direct the petitioner-wife to produce the minor children – The High Court directed the petitioner-wife to return to the U.S. along with the two minor children – High Court further directed the respondent-husband to move the Superior Court in U.S. to recall earlier orders of the U.S. County Court which directed temporary physical and legal custody of the minor children to him and directed children to remain in custody of petitioner-wife when she lands in U.S. – In compliance, respondent-husband submitted affidavit to the said effect and also obtained order from the Superior Court as per direction of the High Court – The Superior Court in U.S. granted custody of the children to the petitioner-wife until further custody orders were determined by the Court after hearing both the parties – Pursuant thereto, High Court in India directed the petitioner-wife to return to the U.S. along with both the children – Petitioner-wife challenged the orders of the High Court before the Supreme Court of India – Held: The following directions were issued: The petitioner-wife to return to U.S. along with two minor children – If petitioner-wife chooses not to return to the matrimonial home, then respondent-husband to provide her suitable accommodation – The petitioner-wife to provide unsupervised access to the respondent-husband every weekend – If petitioner-wife chooses not to jointly practice with respondent-husband at their clinic, then parties to take steps to divide the assets equally – The respondent-husband to get children admitted to a reputed school in the vicinity – The respondent-husband to further provide U.S. $8000 per month to the petitioner-wife to meet all her expenses – Further, after the division of assets, both the parties to share equally the expenses towards the education and upbringing of the children.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 1361
Petitioner	Jasmeet Kaur
Respondent	State (nct Of Delhi) & Anr.
SCR	[2019] 18 S.C.R. 1144
Judgement Date	2019-12-12
Case Number	4858

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

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Please Log-in to view this content

Gaurav Nagpal Vs. Sumedha Nagpal

The Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956

Gaddam Ramakrishnareddy & Ors. Vs. Gaddam Rami Reddy & Anr.

Maharani Deepinder Kaur (since Deceased) Through Lrs. & Ors. Vs. Rajkumari Amrit Kaur and Ors.

Roxann Sharma Vs. Arunsharma

The Hindu Minority and Guardianship Act, 1956

Jaswant Kaur & Anr. Vs. Subhash Paliwal & Ors.

Githa Hariharan and Anr .. Vs. Reserve Bank of India and Anr.

Panni Lal Vs. Rajinder Singh and Anr.

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Please Log-in to view this content

Similar Documents

Gaurav Nagpal Vs. Sumedha Nagpal

The Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956

Gaddam Ramakrishnareddy & Ors. Vs. Gaddam Rami Reddy & Anr.

Maharani Deepinder Kaur (since Deceased) Through Lrs. & Ors. Vs. Rajkumari Amrit Kaur and Ors.

Roxann Sharma Vs. Arunsharma

The Hindu Minority and Guardianship Act, 1956

Jaswant Kaur & Anr. Vs. Subhash Paliwal & Ors.

Githa Hariharan and Anr .. Vs. Reserve Bank of India and Anr.

Panni Lal Vs. Rajinder Singh and Anr.

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.