New Delhi, August 12: A child born to Indian parents in a foreign country and holding a foreign passport cannot overstay in India if a court abroad orders the child’s return, the Delhi high court said
on Tuesday.
A court in England had passed a direction ordering the return of a three-year-old who has been living in India with mother. The child’s father had moved the court in England seeking a direction to his estranged wife to return the child.
The child’s mother has, however, moved the Delhi high court saying the British court’s order be quashed keeping in view the child’s welfare. The woman alleged that her husband needed psychiatric treatment and hence, sending the child to England would not be in its interest.
The couple, though locked in a matrimonial dispute, came to India last year and visited their parents separately. They were to return to England in October last, but the wife cancelled her and her child’s tickets.
The husband moved a court in England in November last seeking a direction to bring back the child. He also moved the Delhi high court seeking implementation of the British court’s order.
The mother sought the child’s custody, but the Delhi high court said, “The British court had directed to produce the child before it. It did not order handing over the child to the father.”
Rejecting the mother’s plea justices Sanjay Kishan Kaul and Ajit Bharihoke said: “In our view, the retention of the child in India would be unlawful. While the mother and child visited India with the consent of the husband, the visit was on the premise of returning to the UK.”
–Agencies