Home > Child Custody > Court restrains Interpol from taking custody of child from NRI

Court restrains Interpol from taking custody of child from NRI

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).9220/2010
(From the judgement and order dated 08/03/2010 in CMM No. 448/2009 of the HIGH COURT OF DELHI AT NEW DELHI)
RUCHI MAJOO Petitioner(s)
VERSUS
SANJEEV MAJOO Respondent(s)
(With prayer for interim relief)
Date: 15/09/2010 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE AFTAB ALAM
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD
For Petitioner(s)
Ms. Indira Jai Sing, ASG
Mr. Sanjay Parekh, Adv.
Mr. Anish R. Shah, Adv.
Ms. Soumya Ray, Adv.
Mr. Ashish Bhan, Adv.
Ms. Mamta Saxena, Adv.
Ms. Smidhi Sinha, Adv.
Ms. Sonam Anand, Adv.
Mr. Mukul Kumar, Adv. (NP)
For Respondent(s)
Mr. Pallav Shishodia, Sr. Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Mukul Kumar, Adv.
Mr. Sudhir Pal Singh, Adv.
Ms. Anitha Shenoy, Adv. (NP)
UPON hearing counsel the Court made the following
O R D E R
Put up before a Bench of which one of us (Aftam Alam, J.) is not a member.
(N.S.K. Kamesh) (S.S.R. Krishna)Court Master Court Master

UPON hearing counsel the Court made the following
O R D E R

In this case, the parties, who are of Indian origin, had gone to USA and had a child there, who having been born in USA has US citizenship.

SLP(Civil) No.9220/2010

The parties also took up US citizenship. Thereafter, the petitioner (wife) returned to India and filed a petition for custody and guardianship, which is pending before the District Court, Delhi. At the same time, the husband also filed a petition for guardianship in the Superior Court of California, USA which has been allowed. The District Judge III (west) Delhi dismissed the husband’s application for dismissing the wife’s petition. The Delhi High Court has allowed the petition filed by the husband-respondent herein, and dismissed the Guardianship petition filed by the wife on the ground that the District Judge, Delhi has no jurisdiction to entertain the said petition.

This matter pertains to private International law. Hence, we would like to get the assistance of the Indian Society of International law, Bhagwan Das Road, New Delhi, as it has expertise in the matter. Issue notice to the Indian Society of International Law which is requested to assist us as amicus curiae in the matter. The Indian Society of International Law is requested to depute some expert in private international law to appear before us to assist us in the matter. In the meantime, the interim order passed by this Court will continue. Copies of the  proceedings and other relevant papers may be forwarded forthwith by the Registry of this Court to the Indian Society of International Law, Bhagwan Das Road, New Delhi. Mr. Sanjay Parikh, learned senior counsel has stated that he recuses himself from any exercise undertaken by the Indian Society of International Law, since, he is a member of the xecutive council of the Society and he is appearing for the petitioner in this case. List this matter on 9th November, 2010.

(Deepak Joshi) (Indu Satija)

Sr. P.A. Court Master

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  1. 498agladiator
    December 10, 2011 at 11:42 am

    Hello Neil,
    Thanks for posting your comments and the interest shown in the post. May I know from which place you are???

    As we have spread in most of the geographical area on the earth, we would be glad to help you resolving your problem.
    Thanks once again.
    AK

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