Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.” Further it held “The Court in Germany did not have the benefit of interacting with the child. In view of the settled position of law in India that the welfare of the child is paramount, for reasons recorded hereinabove and based on the interaction we had with the child, we are of the considered opinion that Adi is happy in his present environment in Bangkok with his father and hence, the contention with regard to the ex-parte order passed by the German Court is noted only to be rejected.” The couple got married in 2010 and moved to Germany in 2022. Therefore, in our considered view, the petitioner is more keen on her career prospects in Germany than the welfare of the child.” Court disposed of the petition directing that the custody of minor child shall remain with his father with place of residence as Bangkok and it shall be subject to the orders of Jurisdictional Family Court, if any, in future.