In Brief
A father had removed his five-year-old son from the United States to India in violation of a US court order awarding custody to the mother. The Delhi High Court issued a habeas corpus writ ordering return of the child to the mother. The Supreme Court allowed the father's appeal, holding that while the foreign court's order is a relevant factor, the paramount consideration in child repatriation cases is the child's welfare, not comity of courts. Since the child had spent half his life in India and adapted well, with a congenial family environment, his forced repatriation would cause harm. The Court directed that pending custody proceedings in India be decided independently by the competent court based on the child's best interests.
The lawyer headnote and full judgment text are available to registered users.