Bombay High Court Orders Repatriation Of 7-Year-Old Girl To Father's Custody In USA, Says Mother Abducted Her For Own Interest
7 months, 2 weeks ago

Bombay High Court Orders Repatriation Of 7-Year-Old Girl To Father's Custody In USA, Says Mother Abducted Her For Own Interest

Live Law  

The Bombay High Court recently ordered the repatriation of a seven-year-old child to the United States of America in custody of her father who had been granted sole custody by a court in USA. A division bench of Justice AS Gadkari and Justice Shyam C Chandak criticized the mother's act of unilaterally relocating the daughter to India despite pending legal proceedings in USA, opining that she abducted the child. The court allowed a man's habeas corpus writ petition seeking custody of his daughter for repatriation to the USA. Considering the daughter's US nationality, the court noted potential future advantages in a developed country, noting possible challenges for the wife to provide similar amenities in India as enjoyed in the USA. It observed that the wife's immediate resort to legal action in India after filing an FIR suggested a strategic use of litigation to prolong the legal battle and hinder the daughter's return to the USA.

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History of this topic

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
1 week, 3 days ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
2 weeks, 3 days ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India
5 months, 1 week ago

Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India

Live Law  

In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother. Above all, in cases of dislocation of minors from a foreign country to India, the judgments are in …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
7 months, 2 weeks ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Bombay High Court grants custody of child to father arrested for 'rape' of mother
1 year, 3 months ago

Bombay High Court grants custody of child to father arrested for 'rape' of mother

India Today  

The Bombay High Court on Friday granted the custody of a child to its biological father who was arrested on rape charges made by the mother. The bench of Justices Revati Mohite-Dere and Gauri Godse were hearing the father's plea against a decision made by the Maharashtra Child Welfare Committee to put the child up for adoption. In his plea, …

'Mother's love alone not enough for child custody', says Bombay HC
1 year, 3 months ago

'Mother's love alone not enough for child custody', says Bombay HC

Firstpost  

The High Court observed that the mother’s cases filed against father in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 4 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 5 months ago

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case
1 year, 6 months ago

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case

India Today  

The Maharashtra government has promised to investigate the case of a father whose physically challenged 23-year-old daughter went missing in 2006 from a satsang in Navi Mumbai. During Thursday's hearing, Justices Revati Mohite Dere and Gauri Godse of the bench initially reprimanded the state government counsel for her insensitive argument while hearing the plea filed by the missing girl's father. …

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’
1 year, 8 months ago

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’

Live Law  

Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Consequently, in most cases, the left-behind parent is constrained to approach the jurisdictionally appropriate court in his or her home country for an ‘emergency custody order’ requiring the child's return by a set date. The court in this case noted that, “unless, the …

'Their Best Interest Can Be Ensured Only If They Return To Native Country': Madras High Court Directs Mother To Return Twins To Father In US
1 year, 10 months ago

'Their Best Interest Can Be Ensured Only If They Return To Native Country': Madras High Court Directs Mother To Return Twins To Father In US

Live Law  

While holding that the courts should always look into the best interest of the child in matters relating to custody, the Madras High Court has directed a mother to return her twin boys to their father in the US. "In our considered view, the best interest of the children can be ensured only if the children return back to their …

'Kidnapped' From War-torn Ukraine By Father, Delhi High Court Facilitates 3-yr-old's Meeting With Mother At Creche
2 years, 1 month ago

'Kidnapped' From War-torn Ukraine By Father, Delhi High Court Facilitates 3-yr-old's Meeting With Mother At Creche

Live Law  

In an alleged case of international parental child abduction, the Delhi Court on Friday asked a Ukrainian woman to meet her three-year-old child, who was allegedly kidnapped by her ex husband and brought to India when the war was raging between Russia and Ukraine in March, at its recently inaugurated creche.A division bench of Justice Siddharth Mridul and Justice Amit …

Indian-American man fails to bring kid back to US, convicted of international parental kidnapping
2 years, 4 months ago

Indian-American man fails to bring kid back to US, convicted of international parental kidnapping

India TV News  

Highlights A 38-year-old Indian-American has been convicted of international parental kidnapping. Indian-American charged in US: A 38-year-old Indian-American has been convicted of international parental kidnapping after he took his US-born child to India and later failed to bring the kid back to the mother in the United States. In May 2017, Patel took the child’s mother to New Jersey Superior …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 2 months ago

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court

Live Law  

Observing that a busy actress's work commitments don't make her unsuitable for her child's custody, the Bombay High Court has ruled that a minor's 'welfare' cannot be decided solely on which parent has more free time. Significantly, the court held that a writ of habeas corpus can be filed to grant a child's custody from one parent to the other …

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court
3 years, 3 months ago

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court

Live Law  

Holding that habeas corpus can be issued for restoration of custody of minor to the parent wrongfully deprived of it, the Punjab & Haryana High Court recently granted relief to a father who had filed a petition alleging illegal custody by his wife and her parents.The High Court went on to rely on the Supreme Court's observation in Yashita Sahu …

Father Moves Supreme Court Seeking Extradition Of IS Recruit Daughter Who Is In Afghan Jail
3 years, 4 months ago

Father Moves Supreme Court Seeking Extradition Of IS Recruit Daughter Who Is In Afghan Jail

Live Law  

A plea has been filed before the Supreme Court by a father seeking directions for necessary action being taken for extradition and repatriation of his daughter and minor grand daughter. Both are presently detained inside a prison in the Islamic Republic of Afghanistan.The plea has also sought directions for initiation of steps to extend diplomatic protection or consular assistance to …

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