Supreme Court Orders Indian Mother To Return Child To Father In US

According to reports, the link soured and also the child was taken to India by the mother without the consent of the daddy resulting in court battles within the US and India.

The Supreme Court on Friday considered the "best interest" and "welfare" of an 11-year-old son of an estranged couple and directed the Bengaluru-based mother handy over his custody to the daddy and make sure that he returns to his native homeland, the USA.

A bench comprising Justices A M Khanwilar and C T Ravikumar put aside the judgement of the Karnataka supreme court which had refused to grant custody of the boy to the US-based father.

"The child in question could be a boy, now around 11 years and a naturalised US citizen with an American passport, and his parents viz., the appellant and respondent No.3 are holders of Permanent US Resident Cards. These aspects weren't given due attention," Justice Ravikumar, writing the judgement, said.

"Respondent No.3 (Mother) shall make sure that the kid returns back to the us of America forthwith. in this regard respondent No.3 further because the appellant, whoever is in possession of the American passport of the kid in question, shall do the needful in accordance with the law to enable the child's return to his native country viz., USA," it ordered.

The top court took note of the actual fact that the boy, who was born within the US on February 03, 2011, remained there till 2020, and this fact and therefore the welfare of the kid weren't given due weight by the supreme court, it said.

"Merely because he was dropped at India by the mother on March 03, 2020, and got him admitted in a very school which he's now feeling comfortable with schooling and stay in Bengaluru couldn't are taken as factors for considering the welfare of the boy aged 11 years born and lived nearly for a decade within the USA," it said.

It said the very fact that the boy may be a naturalised citizen of the US and all told probability, he will have good avenues and prospects there wasn't appreciated in the slightest degree by the tribunal.

It added that the courts here mustn't interfere with the orders of the US courts which had granted the custody to the US-based father.

"In our view, taking under consideration the whole facts and circumstances and also the environment within which the kid had born and was noted for a couple of decade let alone the very fact that he's a naturalised American citizen, his return to America would be in his best interest," it said.

It also noted that double American courts ordered the return of the kid to the USA. The court said the mother shall take necessary action to urge the kid to be relieved from this school and also to urge him to be admitted to any school within the USA where the daddy is presently residing.

As per the judgement, the wedding between the couple was solemnised in 2008 in India and later they shifted to the USA and got Green Cards.

It also noted that on two occasions American courts ordered the return of the kid to the USA. The court said the mother shall take necessary action to induce the kid relieved from the current school and also to induce him admitted to any school within the USA where the daddy is presently residing.

As per the judgement, the wedding between the couple was solemnised in 2008 in India and later they shifted to the USA and got Green Cards.