Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custody: Custody of minor girl 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 Allowed |
Headnote | Custody: Custody of minor girl child – Claim of – On facts,marriage of appellant-wife and respondent No.2-husband as perSikh rites and Hindu Vedic rites in New Delhi – After three monthsthe parties performed a civil marriage in USA – Birth of girl childM – Appellant fled from US with the minor daughter and filed divorcepetition in Delhi – Respondent no. 2 filed custody proceeding in USand got a custody order – However, non-compliance by the appellant– Writ petition by respondent no. 2 for issuance of writ of habeascorpus for production of minor daughter and direction to returnher to the jurisdiction of the court in US in compliance with theorder of the US court – Allowed by the Delhi High Court – Onappeal, held: Court must take into account the totality of the factsand circumstances whilst ensuring the best interest of the minorchild – On facts, there is no compelling reason to direct return ofthe minor child to the US nor is her stay in the company of hermother (appellant), along with maternal grand-parents and extendedfamily at New Delhi, prejudicial to her in any manner, warrantingher return to the US – Instead of directing the biological mother toreturn to the US along with the minor girl child, so as to appearbefore the competent court in the US, the custody of the minor girlchild M to remain with the appellant until she attains the age ofmajority or the Court of competent jurisdiction, trying the issue ofcustody of the minor child, orders to the contrary, with visitationand access rights to the biological father whenever he would visitIndia – A fortiori, dependant on the outcome of the proceedings,before the Family Court, New Delhi, the appellant to participateand defend herself in the proceedings before the US Court – Herlitigation, travel expenses and stay in US to be borne by respondentno.2 – In view thereof, order of the High Court set aside. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 622 |
Petitioner | Mrs. Kanika Goel |
Respondent | State Of Delhi Through S.h.o. And Anr. |
SCR | [2018] 11 S.C.R. 546 |
Judgement Date | 2018-07-20 |
Case Number | 635 |
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