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Supreme Court of India 2018-12-04 dismissed

Kanika Goel vs State of NCT of Delhi and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A mother sought to challenge a Supreme Court order in a habeas corpus case concerning custody of her minor daughter. The respondent father filed miscellaneous applications seeking directions for the mother to return to the USA with the child, or alternatively, to transfer custody to him. The Court held that no direction to return to the USA had been issued in the original judgment. While the original order affirmed the mother's lawful custody, it contemplated that Indian family court proceedings should be concluded first before any foreign court involvement. The Court dismissed the applications and directed the Family Court to expeditiously dispose of pending custody proceedings within six months.

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Family Law Child Custody Habeas Corpus International Matrimonial Disputes Civil Procedure Jurisdiction

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