VidhiSangh

Supreme Court of India · 15/03/2019

LAHARI SAKHAMURI versus SOBHAN KODALI

[2019] 5 S.C.R. 240 · 2019 INSC 383

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

Summary

The Supreme Court upheld rejection of an Indian guardianship petition for want of ordinary residence and directed the children’s return to the United States under a protected arrangement. On the particular record, the children’s longstanding US home, schooling and family connections, together with the circumstances of their retention in India, favoured return in their welfare. Foreign orders and citizenship were relevant factors rather than overriding rules. The summary inquiry did not decide final custody, which remained before the US court.

Issues

  1. Whether the children were ordinarily resident within the Hyderabad Family Court’s jurisdiction.
  2. Whether their welfare justified return to the United States after a summary inquiry.
  3. What safeguards should accompany return.

Held

Result

Civil appeals dismissed without costs; criminal appeal disposed of with six-week return and protective funding, accommodation and alternative-transfer directions. Final US custody proceedings to remain unaffected by this summary inquiry.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 240.