The Delhi High Court has ordered a woman to return her 10-year-old son to his father in Canada, ruling that the child's six-year stay in India was a result of deliberate disobedience of a Canadian court order. The bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar rejected the mother's argument that the child was now 'firmly rooted' in India, emphasizing that the stay originated from unilateral action and non-compliance with a valid judicial order.
Background of the Case
The child, a US citizen, was brought to India from Canada by his mother in October 2019 without the father's consent. The father subsequently approached a competent court in Canada, which granted him temporary custody in March 2020. Despite this, the mother retained the child in India, leading the father to file a habeas corpus petition in the Delhi High Court alleging illegal custody.
Court's Observations
The bench noted that the mother had fully participated in the Canadian court proceedings, and the foreign court's order was a 'valid and reasoned judicial determination.' The court stated that it cannot legitimize the mother's prolonged non-compliance in the absence of any subsequent legal recourse. The judgment emphasized that the welfare of the minor child warranted restoration of temporary custody as per the Canadian court's order.
Order and Implications
The Delhi High Court directed the mother to hand over temporary custody of the child to the father within six weeks. If she fails to comply, the father is entitled to seek police assistance to enforce the order. The court also noted that the father demonstrated financial capability and commitment to the child's emotional and educational well-being, and no material was presented to deny the restoration of custody. The parties are at liberty to pursue their rights before the competent forum in accordance with the law.
