Jaipur: The Rajasthan High Court on Thursday granted custody of a six-year-old boy to his father, who had come to India from the US with his mother when he was less than three months old. The boy was born in the US on June 27, 2018 and came to India with his mother on Sept 19, 2018 with a return ticket on December 23, 2018. However, she did not return.
"The child is a US citizen having a passport issued by the US. The court's recognition of the US custody order reinforces the importance of respecting foreign jurisdiction in cross-border custody disputes. This decision ensures the minor child's welfare by restoring his rights as a US citizen, which were jeopardised during his extended stay in India without legal status," said Tarun Agarwal, counsel for the petitioner (father of the child).
A division bench of Justice Pankaj Bhandari and Justice Shubha Mehta provided two alternatives to the mother. She could either return to the US with her son and comply with the final custody order passed by the US court on July 30, 2019, if she wishes to stay in America at the cost and expense of her husband. The second option, if she is not willing to go to the US, is to hand over custody of the child to the father to be taken to the US. The father will permit her to make calls or video calls to the child at a time most suitable for the child after receiving intimation from the husband. Whenever the husband visits India with the child, he will ensure that the wife has access to the child, and before planning to visit India, he will inform his wife about his travel itinerary.