In Brief
This case involved a custody dispute over a three-year-old US citizen girl child whose mother removed her from Illinois to India. The US court ordered the child's return; the Delhi High Court granted a habeas corpus writ in the father's favour, directing the mother to return to USA with the child. The Supreme Court allowed the mother's appeal, holding that a child in lawful maternal custody cannot be removed merely on a foreign court order. The child's best interests, not the parents' rights or comity of courts, are paramount. The Court directed custody to remain with the mother until majority or unless a competent court orders otherwise, while securing the father's visitation rights and requiring him to bear costs of the mother's participation in US court proceedings.
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