London, UK: The Supreme Court of India has remarked that a woman misled judicial systems in both India and the United Kingdom, noting that her actions caused unnecessary complications. The apex court directed that the custody of her minor son should be granted to his father.

Expressing disapproval of her conduct, a bench comprising Justices J.K. Maheshwari and Vijay Bishnoi observed that the case exposed a long-standing conflict between the couple, rooted in their opposing views on cohabitation and parenting in India.

The court noted that this dispute not only damaged their marriage but also had a negative effect on their children, one of whom is currently living with the mother in the UK.

The judges pointed out that the couple, who married in November 2010, had constant clashes, which later extended to disagreements regarding visitation rights for their children.

“This situation is not just an ego battle; it reveals a troubling approach that may ultimately harm the welfare of the minor children,” the court observed, emphasizing that the children’s best interests must remain the primary focus.

Referring to the mother’s actions, the court highlighted that she failed to inform the father when she left her son in India, which was her responsibility. Furthermore, she did not reveal before the UK High Court — where the father had applied for relief — that the boy was not residing with her there.

Because of this, the father was denied virtual meetings with his son (referred to as Master K) despite the UK High Court’s directions. Eventually, suspicion forced him to move the Punjab and Haryana High Court with a habeas corpus petition.

According to the Supreme Court, her actions clearly indicated that she never wanted the boy to meet his father or comply with court rulings. “The judicial systems of both India and the UK were misled by the mother for reasons best known to her,” the bench stated.

The father informed the court that in May 2021, his wife left India for the UK with both children, without his consent or knowledge. Later, he discovered that his son was left behind in India with his maternal grandparents. He then moved the Punjab and Haryana High Court, claiming unlawful custody.

On September 16, the Supreme Court noted that the woman obtained a divorce from a family court in London, while the man secured divorce orders from a family court in Jind (Haryana). However, neither accepted the decrees from the other jurisdiction and continued legal challenges. Attempts at mediation also failed.

The court upheld the High Court’s order that had granted interim custody of the boy to his father and directed that he be handed over by September 30.

“Once custody is transferred, either parent may initiate proceedings under the Guardians and Wards Act, 1890 before the competent court within a month,” the court ordered.

The bench further allowed the mother or the boy’s sibling to connect with him through audio or video calls every Saturday between 5 pm and 7 pm. During her visits to India, the mother may also meet the child every Sunday from 1 pm to 5 pm at a mutually decided location. The maternal grandparents were also granted visitation rights during the same hours.

Additionally, the court directed that the father must not take the child outside India without prior approval of the concerned High Court. The Juvenile Justice Board or a local magistrate, along with the Child Welfare Committee or any available social welfare officer, has been tasked with monitoring the child’s physical and mental well-being.