VIJAYAWADA: The Andhra Pradesh High Court has delivered a sharp rebuke to remarks made by a UK court in a child custody dispute, calling them a reflection of a ‘colonial mindset.’
A divisional bench, headed by Justice Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar, made it clear that Indian courts will not allow such narrow attitudes to influence the country’s judicial system.
In its recent ruling, the court stressed that foreign court orders cannot bind Indian courts in matters concerning children and their parents. It underlined that the welfare of the child must remain the foremost consideration in custody disputes. The judges categorically stated that a child staying with her mother cannot be treated as ‘illegal detention.’
The case involved Yashwanth, a British citizen from Guntur district, who married Keerthi in 2017. The couple moved to the UK, where their daughter was born. After disputes arose, Yashwanth filed for divorce in a UK court.
During a visit to India, Keerthi’s parents took the child with them and did not return her to Yashwanth, leading him to file a habeas corpus petition in the High Court seeking custody.
The bench dismissed the petition, ruling that as long as the child resides in India, Indian laws alone apply. It clarified that habeas corpus petitions are meant to determine whether custody is unlawful and whether intervention is needed for the child’s welfare - not to enforce foreign court orders.
Accordingly, the father’s plea to have his daughter handed over to him was rejected. The High Court reiterated that in custody matters, the child’s welfare is paramount, and foreign judgments cannot override Indian jurisdiction.