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Supreme Court of India 2025-03-03 allowed

Sharmila Velamu vs V. Sanjay

Bench: 3 — Surya Kant, Dipankar Datta, Ujjal Bhuyan

In Brief

Aadith Ramadorai, a 22-year-old US citizen with severe cerebral palsy and intellectual disability, was taken to India by his father in 2023 despite his mother holding legal guardianship in Idaho. The High Court ruled he lived consensually with his father. The Supreme Court intervened, conducting comprehensive medical assessments at NIMHANS concluding Aadith functions at an 8–10-year-old cognitive level and cannot make independent legal decisions. Applying the doctrine of best interests and welfare, the Court held Aadith should return to the US—where he has access to specialized education, healthcare benefits, family support systems, and his younger brother—rather than remain in India. The Idaho Court's guardianship order was recognized and upheld.

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Family Law Custody Persons with Disabilities Guardianship Best Interests of Child International Comity Medical Evidence Mental Capacity Parens Patriae Doctrine

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