VidhiSangh

Supreme Court of India · 20/01/2020

YASHITA SAHU versus STATE OF RAJASTHAN & ORS.

[2020] 1 S.C.R. 417 · 2020 INSC 58

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court directed the child’s return to the USA through alternative arrangements depending on whether her mother chose to accompany her. The mother could not be compelled to relocate. Child welfare remained paramount over comity or parental claims, and habeas corpus jurisdiction was available despite custody being with a parent. The Court weighed the circumstances, recorded the father’s support undertakings, and imposed detailed safeguards for housing, expenses, withdrawal of coercive action and continuing contact with the mother.

Issues

  1. Whether habeas corpus jurisdiction could address the child’s removal from the USA, and what return and contact arrangements served her welfare without compelling the mother to relocate.

Held

Result

Appeal disposed of: mother to elect within one week whether to accompany the child to the USA by 20 February 2020; otherwise handover on 3 February 2020 before the Rajasthan High Court Registry. Father bound by travel, housing, support and non-coercion safeguards; US$250 weekly wife support additional to US$200 weekly child support under the specified interim arrangement. Alternative custody included video contact, weekend access and India visits. Liberty for fresh directions if the father must leave the USA upon non-extension of his visa; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 417.