VidhiSangh

Supreme Court of India · 20/07/2018

MRS. KANIKA GOEL versus STATE OF DELHI THROUGH S.H.O. AND ANR.

[2018] 11 S.C.R. 546 · 2018 INSC 622

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

Summary

The Supreme Court set aside directions requiring a mother to return her young daughter to the United States or hand her over to the father. The child’s welfare, rather than foreign citizenship, a foreign return order or parental entitlement, governed habeas-corpus relief. No compelling welfare reason required return on these facts. Custody remained with the mother subject to a competent court’s contrary order, with continuing paternal access and prompt consideration of the Delhi Family Court proceedings.

Issues

  1. Whether the child’s welfare required return to the United States in habeas-corpus proceedings.
  2. What interim custody, access and protective arrangements were appropriate while substantive proceedings were resolved.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and orders set aside. Writ petition disposed of with maternal custody, paternal access, prompt Family Court adjudication and conditional safeguards for any required US proceedings. No costs.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 546.