Mumbai High Court grants American-born kid's custody to father

The husband lodged a formal complaint with the Thane city police station asserting that his son, an American citizen by birth, had been taken away from him by his wife.

Mumbai:The Mumbai High Court bench comprising Justice Revati Mohite Dere and Justice Gauri Godse issued a directive to a mother hailing from Thane to return her son, born in America, to his father residing in the United States on Friday. The verdict comes after the child's mother brought him to India from the US amid a dispute with her husband, who works as a satellite engineer in the US. The husband had filed a habeas corpus petition seeking custody of the child. Parjit Johar, a renowned Delhi-based lawyer, represented the father, while the wife's brother and a lawyer, M Desai pleaded on her behalf.

The court emphasised the child's right to maintain a relationship with both parents asserting the father's entitlement to custody as per the child's American citizenship. The ruling mandates the child's return to the US within 15 days underscoring the paramount importance of the child's best interests.

Notably, the man and the woman's native place is Mumbai. After marriage, the couple went to the United States. In 2019, they were blessed with a son in America, which led to the automatic American citizenship of the child in accordance with the US Constitution. However, the relationship turned sour in 2020 and the woman without any explanation relocated to India, along with her son.

The man had to knock on the court doors for the custody of his son. After a thorough hearing, Justice Revati Mohite Dere and Justice Gauri Godse issued the directive, which compelled the woman in India, to relinquish custody of the child to the father.