Delhi High Court Upholds Mother's Interim Custody of Abducted Child Warned Against Fleeing

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Delhi High Court issued a significant ruling in a habeas corpus case, upholding the interim custody of a minor child who had been abducted by the father. The case involved a Ukrainian mother, Ms. Gupta Snizhana Grygorivna, who sought the custody of her three-year-old son, Master Gupta Sameer Akhileshovych. The judgment, delivered on October 20, 2023, by the bench of HON'BLE MR. JUSTICE SURESH KUMAR KAIT and HON'BLE MS. JUSTICE SHALINDER KAUR, emphasized the importance of preserving the child's well-being and preventing any further unauthorized movement.

The court's observation highlighted the gravity of the situation, stating, "The child of the parties was born on 12.02.2019 in Ukraine. Respondent no.5/father had abducted the child in gross violation of court orders and crossed international borders. This led to the filing of the present habeas corpus petition by the petitioner."

The judgment granted interim custody of the child to the mother, with specific conditions, and also addressed the issue of visitation rights sought by the father. Respondent no.5/husband had expressed concerns that the petitioner, being a Ukrainian citizen, might attempt to leave the country with the child. In response, the court granted liberty to the respondents to approach the appropriate forum within three weeks if needed, while directing the petitioner not to leave the country for at least three weeks.

The court's decision underlined the primary focus on the child's welfare and the need to adhere to court orders. It stated, "The relief sought in the present petition has already been granted, and no further orders are required. The issue of interim custody or visitation rights in respect of the minor child is to be dealt with by the learned Family Court."

This judgment serves as a reminder of the courts' commitment to safeguarding the rights and interests of minor children caught in complex legal disputes involving custody and visitation.

Date of Decision: October 20, 2023

MS GUPTA SNIZHANA GRYGORIVNA vs UNION OF INDIA AND ORS.