11/15/2014

Custody of child - Ruchi Majoo Vs. Sanjeev Majoo

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ILC-2011-SC-MAT-May-5
Ruchi Majoo Vs. Sanjeev Majoo

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The Guardians and Wards Act, 1890 - Section 9
Husband and Wife American citizens of India origin - A child born to them in America Wife came to India alongwith child and filed petition claiming custody of child - Interim
custody granted to mother - Husband filing petition in US Court, which granted
custody of child to father - Whether Judgment of US Court, could be enforced in India
on the principle of Comity of courts - Held - Principle of Comity of Courts ensures that
foreign Judgments and orders are unconditionally conclusive of the matters in
controversy, but in the matter of custody of child interest and welfare of the minor
being paramount, a competent court in this country is entitled and indeed duty bound
to examine the matter independently, taking the foreign judgment, if any, only as an
input for its final adjudication - Further held - In the facts of instant repatriation of child
to America could not be allowed on principle of comity of Courts - Interest of the minor
shall be better served if he continued in the custody of his mother especially when
father contracted a second marriage.
BENCH :
Advocates For the Appellant(s) :
Topic(s)-Custody of child
Important Decision(s)- The custody of his mother especially when father contracted a
second marriage.

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11/15/2014

Custody of child - Ruchi Majoo Vs. Sanjeev Majoo

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