Bhopal (Madhya Pradesh): The Gwalior bench of the Madhya Pradesh High Court has dismissed a Habeas Corpus petition filed by a US-based man seeking custody of his 10-year-old son, who is currently living with his mother in Sehore.
The division bench of Justice Anand Pathak and Justice Rajendra Kumar Vani ruled that the child's welfare is of paramount importance and cannot be overridden merely by an order from a foreign court.
The court in its observation said that the man may request his estranged wife for permission to meet his son. The court observed that if the mother feels she may allow him to meet his son in person or on video call but it will be solely her discretion.
The court further stated that it was not issuing any directive to comply with as it was purely between the couple and for the wife to decide.
The petitioner had submitted that his son, a minor and being a US national was “being forcibly kept in India without any authority” and “is being deprived of all rights and remedies available to the Indian citizen.”
As per the HC order, the couple got married in 2013 in Vidisha under Hindu Marriage rituals and settled in the United States. Their son, born in 2015, is a US citizen. Following marital discord, the wife returned to India in July 2018. Since then she has been residing at her maternal home with her parents in Sehore (Madhya Pradesh) along with her son.
The US-based petitioner had also approached National Commission for Protection of Child Right (NCPCR), District Magistrate, Sehore as well as Child Welfare Committee and Child Welfare Commission seeking custody of his son. Advocate VD Sharma, who appeared on behalf of the woman, had submitted that alternative remedy is available with the petitioner.
