NDLI: Rajeswari Chandrasekar Ganesh Vs. The State of Tamil Nadu & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India – Art.32 – Writ of Habeas Corpus – Object and scope of – Custody of minor children –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Constitution of India – Art.32 – Writ of Habeas Corpus – Object and scope of – Custody of minor children – Parties having two minor children have been residing in the USA – As per the petitioner-mother, the respondent no.2-father picked up the minor children and left for Michigan, USA, from Cleveland, Ohio, without informing her – A shared parenting plan was arrived at between the parties by the order passed by the Court at Ohio – Case of the petitioner is that the respondent no.2 clandestinely and with a view to remove the children from the USA and from the joint custody of the petitioner, left for India with the two minor children – Present petition filed by her seeking a Writ of Habeas Corpus – Held: The employment of the writ of Habeas Corpus in child custody cases is not pursuant to, but independent of any statute – Jurisdiction exercised by the court rests in such cases on its inherent equitable powers and exerts the force of the State, as parens patriae, for the protection of its minor ward, and the very nature and scope of the inquiry and the result sought to be accomplished call for the exercise of the jurisdiction of a court of equity – Primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced – In the present case, the petitioner is a resident of the USA and has acquired H1B visa via sponsorship and has a good job in USA – She is earning handsome salary and has the resources to provide for a comfortable life to her children in the USA – She is comfortably settled in the USA and is accustomed to different kind of lifestyle, culture, society, etc. – She is a hard working woman and would be in a position to take good care of her minor children in accordance with the shared parenting plan – Allegations levelled by the respondent no.2 that the petitioner suffers from mental illness appear to be wild and reckless – Even otherwise this is a highly disputed question of fact – Further, both the minor children are residents of the USA – They have been brought up in the social and cultural milieu of the USA and are accustomed to the lifestyle, language, customs etc. of that country – Also, both the minor children have already been enrolled in school in the USA, a special school meant for children with remarkably high IQ – They have better prospects of getting refined education that may ultimately enhance their potential they already possess and are already accustomed to and comfortable with – It will be in the interest and welfare of both the children to go back to the USA for the purpose of their education, etc. – Respondent no.2 directed to go back to the USA with both the minor children and abide by the shared parenting plan as ordered by the Court at Ohio which though, stood terminated at the instance of the petitioner, but can be revived once again by the authorities by going before the concerned court at Ohio – Further directions issued – Guardians and Wards Act, 1890 – Hindu Minority and Guardianship Act, 1956. Doctrines/Principles – Doctrine of Parental Alienation Syndrome – Discussed. Child Custody – Welfare of the child – Factors to be considered – Discussed.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 721
Petitioner	Rajeswari Chandrasekar Ganesh
Respondent	The State Of Tamil Nadu & Ors.
SCR	[2022] 5 S.C.R. 232
Judgement Date	2022-07-14
Case Number	402

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