In Brief
Nithya Anand Raghavan, a mother, removed her seven-year-old daughter from the UK to India in 2015 following alleged domestic violence. The UK Court issued a wardship order directing return of the child; the Delhi High Court ordered compliance with the foreign order. The Supreme Court reversed this, holding that the child's welfare is paramount and overrides comity of courts principles. India is not bound by the Hague Convention, so Indian courts must independently assess the child's best interests. The girl child, born in India with Indian citizenship and roots there, should remain with her mother rather than be returned to the foreign jurisdiction. The Court modulated relief by requiring the father to bear litigation costs and facilitate the mother's participation in UK proceedings, without coercive measures against her.
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