Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custody - Child custody - Matrimonial dispute - Wife |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Custody - Child custody - Matrimonial dispute - Wife obtained ex parte divorce from U.K. court whereas husband obtained from Indian court - Husband shifted to India along with the daughter - Habeas Corpus petition by wife seeking.directions that the husband to handover the custody of the daughter to her - Petition allowed by the High Court - Appeal before this Court - Stay of the High Court judgment - Held: Paramount consideration is the welfare of the child - Daughter. is a mature girl of 15 years of age who can decide what is best for her - In spite of giving ample chances to the mother by giving temporary custody of the daughter to her, mother was not able to win over the confidence of the daughter - Daughter unequivocally expressed her desire to be with her father and stated that she did not want to go to U.K. - Court cannot take the risk of sending her to U.K. against her wishes, which may prove to be a turbulent and tormenting experience for her and would not be in her interest - Thus, the welfare of the daughter lies in the continued company of her father which appears to be in her best interest - Thus, the judgment of the High Court is set aside. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 152 |
Petitioner | Jitender Arora & Ors. |
Respondent | Sukriti Arora & Ors. |
SCR | [2017] 1 S.C.R. 707 |
Judgement Date | 2017-02-17 |
Case Number | 717 |
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