The Andhra Pradesh High Court has stated that foreign court orders do not have binding authority over Indian courts, especially in matters involving child custody. The court emphasized that India’s judicial system operates independently and cannot be influenced by observations made by courts in other countries.
The case involved a software engineer from Guntur district who is currently based in the United Kingdom. He approached the High Court through a habeas corpus petition, alleging that his wife and her parents had illegally confined their minor daughter in India. He requested that the child be handed over to him in accordance with directions issued by a UK family court, and sought permission to take her back to the UK.
While examining the matter, the High Court raised serious objections to certain remarks made by the UK court. It noted that such comments reflected a colonial mindset and showed a lack of respect for India’s judicial processes. The bench made it clear that Indian courts will not allow any revival of such attitudes.
The court also pointed out that both a habeas corpus petition in the High Court and a custody case in a Guntur family court were already under consideration. Despite being aware of these proceedings, the UK court made observations that appeared to undermine the authority of Indian courts. This, the bench said, was unacceptable.
The High Court clarified that in child custody cases, the welfare of the child remains the top priority. It stated that Indian courts have full jurisdiction to decide such matters independently and are not obligated to follow foreign court orders.
In its final ruling, the court directed that the minor child will remain in the custody of her mother until she attains majority. At the same time, it ensured that the father’s rights are not ignored. The court allowed the father to speak with the child through a daily video call for 30 minutes. It also permitted the child to travel to the United Kingdom once every year.
The judgment was delivered by a bench comprising Justice C H Manavendranath Roy and Justice Tuhin Kumar. The ruling reinforces the principle that Indian courts will act in the best interest of the child while maintaining their judicial independence.
