Saturday, May 04, 2024 | Last Update : 10:29 AM IST
Supreme Court restores custody of minor kids to mother
The children were happily staying in India and have got used to the environment, culture and local language.
New Delhi: The Supreme Court has stayed an order of the Hyderabad high court directing the Vijayawada-based mother of two minor children to hand over them to their father, a US citizen.
The high court had held that she had illegally moved the children to India and asked her give the children to the US consulate-general in Hyderabad in four weeks to be sent back to their father, Paidi Venkata Venugopala Rao.
A three-judge Bench of Chief Justice Dipak Misra and Justices. A.M. Khanwilkar and D.Y. Chandrachud, while entertaining a special leave petition filed by Ms Hanumanthu Swapna, stayed the high court order and restored the children to their mother.
The petitioner said in the present case, the high court lost sight of and ignored the well-established principles of law relating to the issue of custody of minor children. The HC in a habeas corpus filed by the respondent/father erroneously directed the custody of two minor boys aged 13 years and 10 years to him and held that the kids are in illegal custody of the mother, who is in India.
