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Head Note

The Hindu Minority and Gaurdianship Act, 1956  - Section 13 , Constitution of India, 1950  - Article 226

Custody of Child - NRI couple - Divorce granted by US Court - Joint custody of child given to the couple - Wife came to India bringing the child with her - Husband filed Writ of Habeas Corpus in Supreme Court of India claiming custody of child - Supreme Court directed wife to go back to America with the child.

The Hindu Minority and Gaurdianship Act, 1956  - Section 13

Custody of Child - While dealing with a case of custody of child removed by a parent from one country to another in contravention to the orders of the court where parties had set up their matrimonial home - The court in the country to which child has been removed must consider - Court should give weight to the order of foreign court as to the custody of child - Weight and persuasive effect of a foreign judgment must depend on the circumstances of each case - Where court decides to exercise its jurisdiction summarily to return the child to his own country - Keeping in view the jurisdiction of court in the native country, the court may leave the aspects relating to the welfare of the child to be investigated by the court in his own native country.

Topic(s)-Custody of Child