Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Child and Family welfare – Custody of minor child |
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 Disposed Off |
Headnote | Child and Family welfare – Custody of minor child – Appellant (Husband) and respondent no.3 (Wife) shifted to US from India and presently are holders of Permanent US Resident Cards – Their child was born in USA in the year 2011 and till 2020 he was living there – Conflicts and confrontation occurred in connubial relationship – The appellant came to India on 27.02.2020 in India to attend his ailing mother – On 03.03.2020, respondent no.3 came to India and brought the child with herself, without the consent of the appellant – Upon reaching back to USA, appellant initiated several legal proceedings in the USA for the custody of the minor child – In India, appellant filed the writ petition before the High Court for the custody of the child, so that child can be taken to the USA where he was born – High Court after interacting with the child and considering other relevant consideration, concluded that the child feels comfortable and secured in the custody of his mother and thereafter rejected the writ petition of the appellant – Hence, the appellant approached the Supreme Court against the judgment of High Court – Held: There is difference between ‘the wish/desire of the child’ which can be ascertained through interaction and ‘the best interest of the child’ which is a matter to be decided by the Court taking into account all the relevant circumstances – In cases of custody of child the welfare of the child should be of paramount interest – In the instant case, child is a naturalised US citizen thus he will have better avenues and prospects in his native country – Further, he was living and studying there for nearly a decade and considering entire facts and circumstances and the environment in which the child had born, his return to US would be in his best interest – High Court have not considered the above factors – Custody of the child given to appellant – Judgement of High Court was set aside – Directions issued regarding the smooth return of child to USA. |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2022 INSC 770 |
Petitioner | Rohith Thammana Gowda |
Respondent | State Of Karnataka & Ors. |
SCR | [2022] 4 S.C.R. 784 |
Judgement Date | 2022-07-29 |
Case Number | 4987 |
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