In Brief
A mother, a US permanent resident, brought her three-year-old US citizen daughter to India from Chicago without the father's consent. The father obtained a US court order for the child's return and filed a habeas corpus petition in Delhi High Court, which ordered the mother to return to the USA with the child. The Supreme Court reversed this, holding that the child's custody with her biological mother is lawful and presumed valid. While the father is a US citizen and the child was born in the USA, the Court found no compelling reason to separate the child from her mother's care. The Court directed the mother's custody to continue until the child reaches majority or a competent court orders otherwise, and required the proceedings in the Indian family court to be concluded first.
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