In Brief
A mother and father disputed custody of their US-citizen son born in America, who was brought to India for medical surgery in 2019. The mother retained the child beyond the agreed return date, citing medical needs and family support. The father filed habeas corpus in the Punjab & Haryana High Court, which ordered the child's return to the USA. The Supreme Court upheld the High Court's decision, holding that child welfare is the paramount consideration, overriding parental rights. However, the Court modified the order: the mother can choose to travel to the USA with the child within 15 days to contest US custody proceedings, with the father providing financial support and housing; if she refuses, the father may take custody. The Court emphasized that courts cannot compel parents to leave India, but must offer them the option to accompany the minor for the child's benefit."
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