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Supreme Court of India 2020-10-28 allowed

Ritika Sharan vs Sujoy Ghosh

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

A mother employed in Singapore sought to take her seven-year-old son with her after marital breakdown. The father opposed this and the Family Court restrained removal from Bengaluru. The Supreme Court allowed the mother's appeal, holding that the child's welfare is paramount and overrides technical procedural objections. The Court granted permission for the child to travel to Singapore under strict safeguards: the child remains under Indian court jurisdiction, his passport is controlled by the court, he must return to India twice yearly for the father's visitation, and the mother must file undertakings protecting the child's legal status. Video calls and vacation visits secure the father's access rights.

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Family Law Custody and Guardianship Divorce Welfare of Child Article 142 Powers Domestic Violence Parental Rights Inter-country Custody

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