Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?

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… Read More Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?

Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

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.… Read More Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

Smt. Surinder Kaur Sandhu Versus Harbax Singh Sandhu and another [All SC 1984 APRIL]

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.… Read More Smt. Surinder Kaur Sandhu Versus Harbax Singh Sandhu and another [All SC 1984 APRIL]

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 mother contrary to an order of US Court would have any bearing on the decision of the Courts in India while deciding about… Read More 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?