Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custody |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Custody – Of minor child – Parens patriae jurisdiction – Appellant and second respondent got married in India in 2012 – Moved to the US in April 2015 – A son was born in December 2016 – Second respondent came to India with the child in March 2019 and stayed back – Appellant granted legal and temporary custody of the minor child by Superior Court of New Jersey in May 2019 – Petition for habeas corpus filed by appellant before High Court of Karnataka in August 2019 – Division Bench vide order dtd. 07.04.20, allowed the appellant to take the minor child with him to the US, however imposed two conditions that the appellant will have to obtain certificates certifying that India is free of Covid-19 and it is safe for the minor child to travel to the US; and also that in the US, specifically the region where the appellant is residing it is congenial for shifting of residence of the minor child to New Jersey – On appeal, held: Though the appellant only challenges the said two conditions, in view of the parens patriae jurisdiction of this Court it is also being determined as to whether the arrangement envisaged by the High Court is in the interest of the welfare of the child – Welfare of the child would best be served by his accompanying the appellant to the US – Child is a citizen of the US by birth – Appellant has taken the responsibility for shared parenting while the child was in the US – Respondent left US shores for a brief sojourn but unilaterally resolved not to return – Direction of the High Court to allow the child to return to the US is in the interest of his welfare – However, conditions imposed do not sub-serve the interests of justice and are set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 562 |
Petitioner | Sri Nilanjan Bhattacharya |
Respondent | The State Of Karanataka And Others |
SCR | [2020] 14 S.C.R. 445 |
Judgement Date | 2020-09-23 |
Case Number | 3284 |
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