Child Custody -- Removal of Child in Breach of Foreign Court Order -- Child removed to India in violation of foreign court's custody orders must be returned, following principle of comity of courts
(i) Guardians and Wards Act, 1890, S.25 -- Child Custody -- Removal of Child in Breach of Foreign Court Order -- Where a child has been removed from a foreign jurisdiction in violation of orders passed by a competent foreign court already seized of the custody dispute, the principle of comity of courts requires the child's return to that jurisdiction, so that the dispute continues before the court already possessed of it, rather than being decided afresh. (ii) Guardians and Wards Act, 1890, S.17 -- Child Custody -- Parental Role of Father -- A father cannot be deprived of a child's custody as a matter of course unless shown to be an unsuitable or undeserving parent. A partisan approach favouring the mother, where the facts do not portray the father as unsuitable, results in injustice, since the welfare of the child requires the care and affection of both parents.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
