ROHAN RAJESH KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having heard learned Senior Counsel/counsel for the parties and after careful perusal of the material placed on record, we are satisfied that the petitioner has not approached the US Courts or Indian Courts with clean hands. In any case, his effort to secure temporary custody of the children through a Writ of Habeas Corpus, especially when both the children are girls and are living with their mother, can neither be entertained nor appreciated.

(2.) The Special Leave Petition is, accordingly, dismissed, however, with a direction that the interim arrangement made by this Court shall continue to operate as an interim measure till the custody issue is resolved by the court of competent jurisdiction in India.

(3.) It is further clarified that no attempt shall be made or allowed by the Indian authorities or the Indian Courts (except this Court) to affect the status of the children or their mother, who are staying in India, in purported compliance to an order the petitioner is claimed to have obtained from the District Court, Fourth Judicial District, Family Court Division, State of Minnesota, U.S.A. in July, 2023. A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it. This principle is also statutorily recognized by Sec. 13(f) of the Civil Procedure Code, 1908. Hence, the aforesaid order is not binding on the respondents or the children.