VidhiSangh

Supreme Court of India · 03/07/2017

NITHYA ANAND RAGHAVAN versus STATE OF NCT OF DELHI & ANR.

[2017] 7 S.C.R. 281 · 2017 INSC 1295

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Summary

The child’s welfare prevailed over mechanical enforcement of a foreign return order or a first-strike rule. The Court set aside the habeas-corpus direction for return to the UK and left the child with her mother, subject to any competent custody decision, while prescribing paternal contact and safeguards for the mother’s participation in UK proceedings.

Issues

  1. Whether comity or the earlier foreign order required return despite the child’s welfare.
  2. What relief was appropriate in habeas corpus rather than substantive custody adjudication.

Held

Result

Appeal allowed; High Court order set aside and father’s habeas petition dismissed subject to the contact and UK-litigation arrangements. No costs; competent substantive custody proceedings remain available.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 281.