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--------------- Print Magazine --------------
  May 2016
  April 2016
New Dimensions in NRI Child Custody Cases after Supreme Court Judgment of 13th May, 2011 in Ruchi Majoo v. Sanjeev Majoo
  • The expression "Ordinarily resides" in Guardian and Wards Act to be determined by intention of parties and not merely on foreign abode or overseas nationality.
  • Foreign Court Custody Orders not to be conclusive but to only be a factor or consideration that would go into the making of a final decision by an Indian Court. "Objectivity and not abject surrender is the mantra in such cases."
  • Habeas Corpus petitions being summary in nature can determine custody issue of children present in its jurisdiction and also embark upon a detailed enquiry in cases where welfare of a minor is in question. In Habeas Corpus proceedings, the legality of the detention of the alleged detenue in the territorial jurisdiction of the Court will be gone into.
  • In proceedings under Guardian and Wards Act, jurisdiction is determined by where the minor ordinarily resides. If the question touching jurisdiction is in the negative, a Guardian Court is not competent to entertain the same even if removal is in violation of a Foreign Court Order.
  • The principle of "Comity of Courts" in child custody cases ensures that foreign judgments are unconditionally conclusive of matters in controversy. However, welfare of the minor being paramount, Indian Courts are duty bound to examine the matter "taking the Foreign Judgment only as an input for final consideration."
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