Foreign Court order on child custody held binding on the mother and conclusive on Indian Courts, by the SC in a petition filed by the Husband/father of the chidlren.

In a remarkable case, The SC has upheld that due weight should be given to an order of child custody filed by the father in a foreign court. 

Interim/interlocutory order for making child ward of court passed by foreign (UK) court of competent jurisdiction first in point of time deserves due weight and respect. Violation of such order by a parent should be viewed strictly as that would be destructive of rule of law and principle of comity of courts, although mere violation ought not to have penalising result. There must be some special reason, like want of jurisdiction of foreign court, for disregarding such order.. [Surya Vadanan v. State of T.N., (2015) 5SCC 450]

Here is the link to the judgment.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s