In Brief
A father, an American permanent resident, sought custody of his minor son born in the USA and holding American citizenship, who was brought to India by the mother without consent. The High Court dismissed the habeas corpus petition, finding the child comfortable in India. The Supreme Court allowed the appeal and directed the child's return to the USA, holding that the child's welfare is paramount and must be assessed holistically—considering his nativity, citizenship, upbringing in America for a decade, language, culture, and future prospects—not merely his expressed comfort after a recent shift to India. The Court rejected the High Court's failure to give due weight to the US Court orders and the child's American citizenship status.
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