HYDERABAD: A division bench of the Hyderabad High Court declared that a mere decree from a Court in the USA will not be enough for a father to get automatic custody of the minor children unless this decree of foreign court is executed as per the Civil Procedure Code through a local competent court.
The bench comprising Justice P V Sanjay Kumar and Justice M Seetha Rama Murthy was dismissing the petition filed by an NRI, father of two minor children, who came to the court armed with a decree in his favour from a court in the USA.
The NRI complained that his wife forcibly brought seven year old daughter and two year old son to India in March 2013. He submitted that his wife is not giving custody of the children though the competent court in USA granted decree of divorce and also sole legal and residential custody of the minor children to him in January 2014.
On the other hand, his wife said that she also filed a petition in a court in Hyderabad for divorce and custody and also got an interim injunction restraining her husband and his family members from removing the minor children from her custody.
After hearing the case, the bench pointed out saying “it is fairly well settled that the fact that a foreign court of competent jurisdiction has passed an order in relation to the custody of the minor child would not, by itself, be a decisive factor for this Court to hold in favour of the party to the dispute who secured such an order.”
The bench said that the welfare and interest of the children should be the paramount consideration that should weigh with this Court while deciding the custody battles between the parents over their children.
The bench, after having interaction with the 11 year old daughter in its chambers, came to the conclusion that “she has hazy memories of her life in the USA but stated with confidence that she is very happy in India.” While the son of the petitioner has developed a bond with his mother.
While dismissing the plea, the bench opined that it is not in the interest or welfare of these children to be displaced from their settled life in India and be transported back to what would now be an alien life in the USA.
The court, however, granted liberty to the father to seek suitable orders from a competent court for any other relief including the visiting rights.