The Delhi High Court, on Thursday, directed a woman to return to the United States with her child, opining that her decision to stay in India in view of her disputes with her husband was taken without keeping the best interest of the child in mind..While doing so, the Bench comprising Justice Vipin Sanghi and Justice Deepa Sharma observed, “The expression “best interest of child”, as used by the Supreme Court in the above referred decisions, is wide in its connotation. It cannot be read as being only the love and care of the primary care giver, i.e. the mother in the case of an infant, or a child who is only a few years old…

In The Interest of The Child

Thus, best welfare of the child, normally, would lie in living with both his/ her parents in a happy, loving and caring environment, where the parents contribute to the upbringing of the child in all spheres of life, and the child receives emotional social, physical and material support – to name a few. In a vitiated marriage, unfortunately, there is bound to be impairment of some of the inputs which are, ideally, essential for the best interest of the child. Then the challenge posed before the …

The Court was hearing a Writ of habeas corpus filed by the father of a three year old girl, demanding that the child be removed from her mother’s custody and be allowed to be taken to the US. This was in view of an order passed in January this year by the Circuit Court of Cook County, Illinois, USA….

The Father Submitted

He submitted that while on a trip to India, his wife filed a Petition under Section 13(1) of Hindu Marriage Act, seeking dissolution of marriage on the ground of cruelty. She had also filed an application under Section 26 of the Act, seeking an order restraining the Petitioner from taking away their minor child from India….

Meanwhile, the Petitioner had approached the Circuit Court, which ordered that the child be immediately returned to her father, who was granted interim sole custody of the child. The Petitioner had now approached the High Court, demanding that this this order be complied with….

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