In Brief
A mother removed her seven-year-old daughter from the UK to India, claiming domestic violence. The child's father obtained a UK court wardship order directing the mother to return the child. He then filed a habeas corpus petition in India's High Court, which ordered return. The Supreme Court allowed the mother's appeal, holding that the child's best interests—not comity of courts—must be paramount. The child was born and remained an Indian citizen, had spent equal time in both countries, was settled in India with extended family, suffered from cardiac issues requiring maternal care, and would face harm if separated from her mother. The Court set aside the High Court's order and dismissed the habeas corpus petition, allowing the mother to retain custody while directing the father's participation in UK proceedings and visitation rights.
The lawyer headnote and full judgment text are available to registered users.