In Brief
A child born to an Indian mother and a Kenyan-British businessman father was at the centre of a guardianship dispute after the mother retained him in India. The father sought custody, emphasizing his business empire and the child's dual nationality. While the trial and High Court awarded custody to the father, citing the child's aspirations for overseas education and genuine emotional bonds, Justice Indu Malhotra's majority held that transfer was permissible with stringent protective measures. Justice Hemant Gupta's dissent argued that the child, settled 11 years in India with dedicated maternal care, should remain with the mother given his age, the father's business commitments, pending criminal trial in Kenya, and the need for continued Indian court supervision. The majority allowed the appeal with mirror orders and security measures; the dissent would have preserved maternal custody with enhanced visitation.",
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