The Supreme Court on Wednesday asked the Centre to respond on whether India could have mutual agreements with the United States in matters of child custody disputes because such cases are increasing due to Indians living there.
Child worst sufferer in matrimonial dispute: SC
A Bench of Justices SK Kaul and AS Oka referred to its January 16 order against a man, who has been a US resident since 2004, guilty of civil contempt for his failure to bring his child back to India on the order of the apex court in May 2022.
The court said the woman, who got married in 2007, filed the contempt petition, which is an outcome of an unfortunate matrimonial dispute, and “it happens in every such dispute, the child being the worst sufferer.”
The bench said as a result of the “breaches committed” by the man, the woman has been deprived of the custody of her 12-year-old son.
Man breaches terms of settlement, takes son to Canada
According to the terms of settlement recorded in the order, the child, who was then in standard VI, shall continue to live in Rajasthan's Ajmer and complete his education up to class X and then shift to the US where his father was residing.
The bench noted in its order that the man came to Ajmer as per agreement on June 7 last year and took his son to Canada but he has failed to bring him back to India.
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