RAJESWARI CHANDRASEKAR GANESH versus THE STATE OF TAMIL NADU & ORS.

RAJESWARI CHANDRASEKAR GANESH versus THE STATE OF TAMIL NADU & ORS.

The Court held that the paramount consideration is the welfare of the children; having regard to the facts (both children residents of and educated in the USA, one a US citizen and the other a US permanent resident, the mother's stable situation in the USA and the circumstances of removal), the petitioner established a prima facie case that custody with the father was contrary to the children's welfare and that repatriation to the USA would be in their best interests; accordingly the writ petition was allowed and the father was directed to take steps to return the children to the USA and comply with the shared parenting plan or to cooperate if the mother travels to India to retrieve them.

Parties
Petitioner / Mother: Rajeswari Chandrasekar Ganesh; Respondent(s): The State of Tamil Nadu & Others; Respondent / Father of the Minors: Respondent No.2; Respondent / Brother of Respondent No.2: Respondent No.4; Respondent / Father of Respondent No.2: Respondent No.5
Jurisdiction
India
Judgment Date
14 July 2022
Procedural Posture
Writ Petition (criminal) No. 402 of 2021 Under Article 32 (habeas Corpus) / Final Judgment (order Delivered July 14, 2022)
Outcome
Writ petition allowed.
Legal Topics
Welfare of the Child, Parens Patriae, Parental Alienation Syndrome, Comity of Courts and Foreign Orders, Repatriation of Children, Guardianship Legislation
Constitutional Law Habeas Corpus Family Law Child Custody Private International Law Welfare of the Child Parens Patriae Parental Alienation Syndrome +3 more

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Parties

Rajeswari Chandrasekar Ganesh

Petitioner / Mother

The State of Tamil Nadu & Others

Respondent(s)

Respondent No.2

Respondent / Father of the Minors

Respondent No.4

Respondent / Brother of Respondent No.2

Respondent No.5

Respondent / Father of Respondent No.2

Procedural Posture

Writ Petition (criminal) No. 402 of 2021 Under Article 32 (habeas Corpus) / Final Judgment (order Delivered July 14, 2022)

Legal Issues

  1. 1 Whether a writ of Habeas Corpus is maintainable in a dispute between parents over custody of minor children
  2. 2 Whether the custody of the minor children with Respondent No.2 / father was unlawful or illegal
  3. 3 Whether the minors should be repatriated to the USA in their best interests despite termination of a shared parenting plan in Ohio

Ratio Decidendi

The Court held that the paramount consideration is the welfare of the children; having regard to the facts (both children residents of and educated in the USA, one a US citizen and the other a US permanent resident, the mother's stable situation in the USA and the circumstances of removal), the petitioner established a prima facie case that custody with the father was contrary to the children's welfare and that repatriation to the USA would be in their best interests; accordingly the writ petition was allowed and the father was directed to take steps to return the children to the USA and comply with the shared parenting plan or to cooperate if the mother travels to India to retrieve them.

Court Disposition

Writ petition allowed.

Orders

  • Respondent No.2 shall, within one week, apply to the authority concerned for a visa to travel to the USA with the two minor children
  • The authority may consider the observations of this Court and, if visa is granted, Respondent No.2 shall within one week thereafter travel to the USA with the children