AIR 1987 SUPREME COURT 3 ::1987 Cri App R (SC) 52 ::(1987) MarriLJ 40 ::1987 (1) SCC 42 ::(1987) 1 HinduLR 416 ::(1987) 100 Mad LW 130 ::1987 CriLR(SC MAH GUJ) 117 ::1987 CalCriLR 29 ::1987 (1) Crimes 71 ::(1987) MatLR 14 ::1987 (1) SCJ 134 ::1987 SCC(Cri) 13 ::(1987) 13 All LR 24 ::(1986) 4 Supreme 487 ::1986 4 Supreme 487 ::(1986) JT 795 (SC)

Supreme Court Of India

Hon'ble Judge(s): V. Balakrishna Eradi, G. L. Oza , JJ

Constitution of India , Art.226— Habeas corpus - Minor child - Custody of - Interest and welfare of minor is predominant criterion - Illegal abduction of minor by a parent from one country to another - Courts in all countries should see that the parent does not gain any advantage by his wrong doings. Guardians and Wards Act (8 of 1890) , S.7— Whenever a question arises before Court pertaining to the custody of a minor child,the matter is to be decided not on considerations of the legal rights of parties but on the sole and predominant criterion of what would best serve the interest and welfare of the minor.(Para 8) A minor child born of Indian father and American mother was an American citizen. On divorce of the parents his custody and guardianship had been entrusted to the mother by a competent Court in U.S.A. The father was given visitation rights. He abducted the minor illegally in India. On writ petition filed by the mother for custody of the minor held that the mother was full of genuine love and affection for the child and she could be safely trusted to look after him, educate him and attend in every possible way to his proper up-bringing. The child has not taken root in India and he is still accustomed and acclimatized to the conditions and environments obtaining in the place of his orig....