Bombay HC refuses US-based woman’s plea for daughters’ custody

The bench added that although the desire of the daughters cannot be the deciding factor, it was relevant as both the girls were nearing the age of majority --one of whom is nearing 18, and the other is above 15

The Bombay high court on Wednesday refused to grant custody of two minor girls to their US-based mother as they wanted to continue to stay with their father in India.

Bombay high court . (HT archive)

“The daughters clearly expressed their desire before us to continue to stay with their father in India, despite the fact that they have lived for substantial part of their lives in the USA,” said the bench of justices SS Shinde and Manish Pitale.

The bench added that although the desire of the daughters cannot be the deciding factor, it was relevant as both the girls were nearing the age of majority --one of whom is nearing 18, and the other is above 15.

Their US-based mother had moved the high court last year for their custody, contending that her estranged husband had brought them to India for a two-week trip in August 2019, but did not return to the US thereafter, in complete breach of consent shared-custody order of US court.

She pointed out that on her plea, a US court granted sole custody of both their daughters to her and also initiated contempt of court proceedings against her estranged husband. It was argued on her behalf that her husband, by his conduct, had demonstrated that he had scant respect for the rule of law and therefore, continuing the daughters in his custody cannot be considered in the best interest of the girls.

The high court, however, rejected the argument. Apart from the apprehension and desire of the daughters, the judges also took into consideration the fact that the girls were studying in India and there were no doubts over the financial capacity of their father to take care of their requirements.