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Recently, the Supreme Court had dealt in with an issue based on the Judgment of the High Court which held and directed the father to handover the custody of the child to its mother. The Court held that this matter pertaining to the welfare of child and repatriation of the child cannot be dealt in with the legal rights of the parties but it should be given a wider perspective by giving sole criterion of the welfare of the minor. The High Court had considered the statement submitted by the mother, which was based on the Husband’s past allegations and the torture undergone by her. The High Court had also examined the situations and challenges that the child would face as it was residing in US from its birth till March 2015.
Chief Justice of India, Dipak Misra who had headed a bench contended that the father who had the custody of the child is not unlawful or illegal as has not been defined anywhere in any provisions in law. He had also contended that any decision pertaining to this matter should not be harmful to the child and should not ruin his future. The Bench had also examined that any decision should be taken with the best interest and welfare of the child, it should not be done by means of law based on the custody and repatriation of the child.
Based on the facts and circumstances of the case where it has been brought to light about the environment in which the child has been brought up. Hence, the Supreme Court had set aside the judgment given by the High Court and held that the child should be in the custody, charge and care of his father until the child attains majority.
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