Bombay HC Orders Repatriation of US-Born Child Allegedly: A Bombay High Court has ordered the return of a seven-year-old girl in her father’s custody to the United States of America (USA), criticizing the mother for “abducting” the girl and unilaterally relocating her to India.
As a result of the court ruling in the United States, the father was granted sole custody of the daughter. In order to avoid further legal proceedings in the USA, where the mother had filed her claim, the father brought the child to India.
The Bombay High Court orders the return of a US-born child in 2023 that was allegedly abducted
The story weaved and the plan that was devised by the wife to return to India by abducting Miss ‘R’ are not acceptable because they lack merit.
On May 7, a bench of Justices Ajey Gadkari and Shyam Chandak said the wife’s actions served her own interests, not the child’s.
In the hearing, the HC heard a habeas corpus (produce person in court) petition filed by a father seeking custody of his daughter.
In January 2015, the couple married in Pune, India, and on February 9, they moved to New Jersey, USA.
The family lived together in New Jersey until August 2020, then in North Carolina until the parents separated on September 5, 2023. Miss R was born in the USA on June 24, 2016.
A woman brought a child from the US to India in 2023
The father approached the Mecklenburg Court after separation, which granted temporary joint custody until a final decision was made.
The wife took their daughter to India without telling anyone in December 2023. They then sued the petitioner for abuse and custody.
In January, the Mecklenburg Court gave the father full custody of his daughter. He then went to the HC to get custody of his daughter.
His wife accused him of cruelty and coercion and alleged that he planned to deprive her of her daughter’s custody.
However, the bench concluded that the child adapted well to the local environment, the language, and likely had friends during her time in the USA, without any reported harm from her husband until she was abruptly taken to India by her wife, causing her emotional distress as she was separated from her routine and father.
In addition, the court noted that the father, a data scientist, can adequately support the child in the USA, where the parents jointly own a spacious house suitable for separate living arrangements.
According to the wife, there were instances of neglect and emotional distress which led to disciplinary issues at school under the husband’s care.
According to her, her husband denied her daughter’s request for counselling.
However, the bench emphasized the delay in seeking appropriate psychiatric help for her daughter.
“She avoided to give priority to Miss ‘R’s health and instead, thought it appropriate to first file cases against the husband. This amounts to serve one’s own interest. As such, the plea as to Miss ‘R’s mental well-being and the related Psychologist’s report was nothing but an attempt to mislead the Court.”
Following the filing of a police report, the wife immediately filed a lawsuit in India, indicating a strategy to prolong the legal battle and prevent the daughter from returning home.
Additionally, the court noted that there are no indications that the wife intends to resign and seek employment in India despite living in India.
According to the court, these circumstances indicate that the wife intends to settle permanently in the USA with her daughter once the litigation in India concludes.
It recommended that the wife accompany the child to the USA, although it could not compel her to do so.
The HC has asked the husband to let his wife visit India twice a year and video call the child daily if she refuses to accompany the child.
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