The custody of the minor girl child M would remain with the appellant until she attains the age of majority or the Court of competent jurisdiction, trying the issue of custody of the minor child, orders to the contrary, with visitation and access rights to the biological father whenever he would visit India
It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.
The modern theory of conflict of Laws recognises and, in any event, prefers the jurisdiction of the State which has the most intimate contact with the issues arising in the case. The spouses in this case had made England their home where this boy was born to them. The father cannot deprive the English Court of its jurisdiction to decide upon his custody by removing him to India.
“Guardian” means a person having the care of the person of a minor or of his property or of both his persons and property, and inter alia includes a natural guardian. Section 2 of the Act declares that the provisions of the Act shall be in addition to, and not in derogation of 1890 Act.
There is no dichotomy between the fitness of the father to be entrusted with the custody of his minor children and considerations of their welfare.
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Whether bringing away of a child to India by his mother against an order of US Court would have any bearing on decision of Courts in India while deciding custody and welfare of child?
Supreme Court in Dhanwanti Joshi v. Madhav Unde, (1998) 1 SCC 112, one of the questions that fell for consideration was whether the bringing away of a child to India by his […]
What if a child was removed by father from USA contrary to custody orders of US Court directed the child be sent back to USA to mother?
Mrs. Elizabeth Dinshaw Versus Arvand M. Dinshaw and another- “It will be in the best interests of the minor child that he should go back with his mother to the United States of America and […]