LAWS(SC)-1988-5-69

PATRICIA SOOD Vs. UNION OF INDIA

Decided On May 10, 1988
PATRICIA SOOD Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ORDER

(2.) HEARD learned counsel for the parties. The female minor child is two years of age. The petitioner has filed this petition alleging that an order for temporary custody of the child was passed by American court in New York in favour of the petitioner and the respondent thereafter smuggled the child and brought the child to India. In the circumstances of the case, the present writ petition was filed. The child had to berecovered by the police under orders of this court. We do not want to go into the merits. In our opinion, custody of the child will have to be entrusted to the mother. It is, however, open to the respondent father, if he so chooses to agitate his rights in the United States. He can agitate the matter before the competent court, if he has any grievance against this order. It is clear that being mother, at this stage seeing the age of the child, the mother's custody would be the proper custody.

(3.) THE respondent/father, if so chooses may leave India.