The Supreme Court has directed an NRI woman to fight the legal battle for custody of her minor daughter in England as the estranged couple were permanent residents of that country.
A bench of justices Altamas Kabir and Cyriac Joseph, upheld a direction of the Delhi High Court directing Shilpa Aggarwal to take back the three-and-half-year-old Elina back to England and submit herself to the jurisdiction of the High Court of Justice, Family Division, UK.
The apex court felt that it would be appropriate for the couple to settle their custodial battle in the court at England which had on November 26, 2008, directed Shilpa to return and submit herself to its jurisdiction for settling the dispute.
Despite the English court's direction, Shilpa came to India with the child and the aggrieved husband filed a writ petition in the Delhi High Court seeking a direction that his estranged wife and their daughter should return to England and settle their custodial dispute.
The High Court had agreed with the contention of the husband that since the couple were permanent residents of England and the minor was also a national of that country, it would be appropriate if they submitted themselves to the jurisdiction of the English court.