In Brief
The case involved a custody dispute over a two-year-old US citizen child born to an Indian mother and Indian father working in the USA. The mother left the USA and returned to India with the child, violating a US court order. The father sought a writ of habeas corpus in the Rajasthan High Court, which directed the mother to return to the USA. The Supreme Court held that while a writ of habeas corpus is maintainable in child custody matters, an Indian court cannot compel an adult spouse to travel to a foreign country. The Court balanced comity of courts with the child's paramount welfare, ultimately holding that the child's best interests lay in the USA where she is a citizen. The mother was permitted to return if willing, or if not, custody was granted to the father with substantial visitation rights including daily video contact and twice-yearly visits to India.
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