In Brief
A guardianship petition was filed by the appellant (a US national) seeking custody of a child born in India, but was rejected by the Family Court on the ground that the parties are US nationals and US courts have intimate connection with the matter. The Supreme Court held that jurisdiction in child custody matters cannot rest on the principle of comity of courts or forum convenience alone. The paramount consideration is the best interest of the child. The Court set aside the rejection, dismissed the application under Order VII Rule 11 CPC, and remitted the matter to the Family Court for decision on merits within six months.
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