In Brief
A mother filed for custody of two minor children (born in the US, US citizens) in an Indian court after bringing them to India, but the High Court rejected the petition for lack of jurisdiction. The Supreme Court held that the children's best interest—paramount in custody matters—required their return to the US, where they were born and had established roots, even though principles of comity of courts and the mother's autonomy exist. The Court found the US court had most intimate contact with the issues and ordered the mother to return with the children to the US within six weeks, with the father bearing travel and living expenses. The Court approved the High Court's decision that the Indian court lacked territorial jurisdiction under the Guardians and Wards Act over children not ordinarily resident in its jurisdiction.
The lawyer headnote and full judgment text are available to registered users.