A woman was directed to return with her child to United States by the Delhi High Court. The court was of the opinion that the decision of the woman to stay in India with her child and without her husband is not in the best interest of the child.
The bench of Justice Vipin Sanghi and Justice Deepa Sharma observed that the best interest of the child cannot only mean the love and care given by the mother to the infant child but the expression means that the child is living with both the parents in a happy, loving and caring environment with emotional, physical and material stability and support by the parents. The court in this case has to arrive at an arrangement to ascertain the best interest of the child and offer the best solution in the case.
The father of a 3-year old girl child filed a writ petition before the court seeking relief to take the child with her to the United States and she be removed from the custody of her mother. The petitioner submitted that his wife has filed a petition of dissolution of marriage under section 13(1) of Hindu Marriage Act on the ground of cruelty and an application has also been filed under section 26 of the act for restraining order against petitioner.
The Custody of the child had been granted to the father by the circuit court and for compliance of this order the petitioner has reached the High Court. The petitioner alleged his wife of child abduction from the joint custody of parents and further stated that the application cannot be filed under HIndu Marriage Act as the provision of same are not applicable to them because their domicile is not India.
The wife on the other hand alleged that the husband of cruelty and stated that the she was subjected to sexual intercourse by her husband against her wish. She further alleged that she was forced to leave hinduism and accept sikhism. She submitted that she has not done any abduction as mother is a natural guardian of a child.
The Court held that the natural environment for the child is Chicago and there is no reason as to why she should be separated from her natural environment and be deprived of love and care of her father, paternal grandparents and peers.
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