AIR 1984 SUPREME COURT 1224 ::(1984) MarriLJ 364 ::1984 Cri App R (SC) 212 ::1984 Cur Cri J 232 ::(1984) 2 SCWR 116 ::1984 SCC(Cri) 464 ::1984 (3) SCC 698 ::(1984) 97 Mad LW 184 ::1984 CriLR(SC MAH GUJ) 232 ::1984 (10) All LR 658 ::1984 BBCJ 125 ::1984 (1) Crimes 928 ::(1984) ChandCriC 61 ::(1984) 2 DMC 136 ::(1984) MatLR 140 ::(1984) 1 Orissa LR 27 ::1984 2 SCWR 116 ::(1984) SC Cr R 251

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Y. V. Chandrachud, Sabyasachi Mukharji , JJ

Constitution of India , Art.136, Art.226— Custody of minor son - Spouses made England their home - Order of (English) High Court for custody in favour of mother - Father removing boy to India - Jurisdiction of English Court, not ousted - Welfare of minor son, held, would be served by handing over custody to mother. Criminal Petn. No. 392 of 1983, D/- 26-8-1983 (Punj and Har,) Reversed. Hindu Minority and Guardianship Act (32 of 1956) , S.6, S.13— Civil P.C. (5 of 1908) , S.9, S.13, S.14— Supreme Court Act (1981 C.54) (English Act) , S.41— International Law - Conflict of laws. Soon after their marriage in India in 1975, Smt. S and her husband H left for England where a boy P was born to them in 1976 The spouses, i. e. Smt. S. (a clerk) and H (a bus driver) made England their home. H was a man without character who offered solicitation to the commission of his wife's murder. For this offence, he was convicted and sentenced to a term of three years by English Court. The wife (Smt. S) obtained an order of probation for him but, he abused her magnanimity by running away to India with the boy soon after the probationary period was over. By the order of the English High Court of Justice (Family Court) dated 22-7-1983 under Section 41 of (English) Supreme Court Act 1981. H was directed to hand over the custody of the minor boy to Smt. S. or her agent....