In Brief
A mother and father, separated while living in the USA, disputed custody of their 2-year-old daughter. The mother returned to India with the child in violation of a USA court order. The High Court directed the mother to return to the USA. The Supreme Court held that while habeas corpus petitions are maintainable for child custody, no writ court can force an adult to live in another country. The Court balanced competing principles: the child's welfare is paramount, but comity of courts (respecting foreign court orders) is also important. The Court permitted the willing parent to return under specific terms ensuring the child's welfare, while allowing the non-willing parent to seek fresh directions if circumstances changed significantly. The Court also emphasized that both parents must maintain contact with the child through visits and video calling."
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