Mother Evading US Court, Supreme Court not responsible for Relief

Supreme Court Law Insider

Khushi Doshi

Published On: March 23, 2022 at 12:21 IST

The Supreme Court, upholding the concept of Comity of Courts, has instructed a woman who fled to India with her kid to evade US Court orders to return with the Child and file an appropriate Petition for modification of the orders she finds severe.

This significant Order was issued by a Bench of Justices Sanjiv Khanna and Bela M Trivedi after successfully convincing the husband to be reasonable and agree to joint custody custody of the child, despite the fact that the US court had granted him sole custody of the child after his wife breached the shared custody order and slipped out of the US to come to Hyderabad.

Prabhjit Jauhar, the husband’s Attorney, argued about the concept of comity of Courts, predicting that if spouses fled to other Nations to evade Court Orders, it would cause a breach in families and society, given that a huge number of Indians work overseas with their husbands.

On the Court’s advice, Jauhar and the lady’s Attorney, Rabin Majumder, agreed on specific terms and circumstances for the woman to return to the United States.

Keeping the agreement in mind, the Bench directed the husband to take efforts to withdraw/cancel the arrest warrants issued by US authorities against his separated wife.

“The Petitioner (wife) can apply for H-1B visa demonstrating the changes in circumstances and her willingness to take back the child, who is a US citizen. The husband would assist and help the petitioner in getting H-1B visa by writing to US Citizenship and Immigration Services and the concerned department of the state,” the Bench said

In an intriguing twist, the Bench stated that the doctor pair will not file any additional lawsuits. “The husband and wife agree not to file any new lawsuits in the United States or India.”

The spouse has also consented to withdraw all cases filed by him, save to the degree required to comply with the agreed-upon parameters. He agreed that the youngster would receive an OCI card a Bench said

The Supreme Court ordered the wife to fly to the United States by April 5, pending the receipt of a visa.” If there is a delay due to non-issue of the visa, the wife must go to the US with the kid within seven days of the date of issuance of the visa, it stated.

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