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
- 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
- A child’s presence with a parent does not bar habeas corpus jurisdiction. Custody must be assessed by the child’s welfare; foreign orders and comity are relevant but do not displace that paramount consideration or make the Indian court merely an executing court. (¶¶ 9, 10, 11, 13, 14, 15, 16, 17)
- The wife’s removal of the child breached the foreign custody arrangement, but an adult spouse could not be ordered to move to the USA or live with the estranged spouse. Return of the child was a distinct question, assessed on the combined circumstances rather than nationality or age alone. (¶¶ 12, 24, 25, 26, 27, 28, 29, 30, 31, 32)
- Courts should specify meaningful visitation and contact so children retain both parental relationships. Denial of contact requires exceptional circumstances and reasons; video calls can sustain the relationship across countries. (¶¶ 19, 20, 21, 22)
- The father’s undertakings were binding. If the mother accompanied the child, he was to fund travel and support, vacate the apartment if she chose separate residence, and withdraw or refrain from coercive action to facilitate her participation before the US courts. The alternative arrangement protected her video contact, weekend custody on visits and the child’s regular visits to India. (¶¶ 33, 34, 35)
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.