V. RAVI CHANDRAN versus UNION OF INDIA & ORS.

V. RAVI CHANDRAN versus UNION OF INDIA & ORS.

Where a foreign national child is brought to India in contravention of a consent custody order of a competent foreign court, and there is nothing to show that return to the foreign jurisdiction would be against the welfare of the child, the Indian court should direct the return of the child to the country of habitual residence so that the foreign court may determine all issues relating to custody and welfare. The Supreme Court under Article 32 has jurisdiction to enforce such a direction by issuing a writ of habeas corpus.

Parties
Petitioner: Dr. V. Ravi Chandran; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
17 November 2009
Procedural Posture
Writ Petition (criminal) Under Article 32 of the Constitution of India / Final Disposal by Supreme Court
Outcome
Writ petition disposed of; petition allowed.
Legal Topics
Habeas Corpus of Foreign Child, Custody Removed From Foreign Jurisdiction, Comity of Courts, Jurisdiction Under Article 32
Child Welfare Custody and Guardianship Constitutional Law Habeas Corpus of Foreign Child Custody Removed From Foreign Jurisdiction Comity of Courts Jurisdiction Under Article 32

Case Brief

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Parties

Dr. V. Ravi Chandran

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) Under Article 32 of the Constitution of India / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether Indian courts should conduct an enquiry into custody of a foreign child removed from the jurisdiction of a competent foreign court by one parent
  2. 2 Whether summary return of the child to the foreign jurisdiction is warranted under the facts
  3. 3 Jurisdiction of the Supreme Court of India under Article 32 for habeas corpus for custody ordered abroad

Ratio Decidendi

Where a foreign national child is brought to India in contravention of a consent custody order of a competent foreign court, and there is nothing to show that return to the foreign jurisdiction would be against the welfare of the child, the Indian court should direct the return of the child to the country of habitual residence so that the foreign court may determine all issues relating to custody and welfare. The Supreme Court under Article 32 has jurisdiction to enforce such a direction by issuing a writ of habeas corpus.

Court Disposition

Writ petition disposed of; petition allowed.

Orders

  • Respondent No. 6 (mother) directed to return the minor child, Adithya, to the United States of America within fifteen days and to report to the competent court there.
  • Petitioner-father to bear all travel expenses and arrange residence for respondent and the child in the United States until further orders by the US court.