HC junks habeas corpus plea by US-based dad seeking repatriation of 3.5-yr-old child
Panaji: The Bombay high court has dismissed a habeas corpus petition by a father seeking repatriation of his 3.5-year-old child to the US.
“There is no adequate material on record to enable this court to draw the conclusion that the welfare of the child can be taken care of only in the US and only in the custody of the petitioner (father),” the court stated.
“There is also no material on record to convince this court that the child ought to be removed from the custody of her biological mother and be repatriated to the US to remain in the sole custody of her father,” held the division bench of justices Suman Shyam and Amit Jansandekar.
The court observed that the child has been admitted to school and is living with her biological mother and grandparents. “The child, being only 3.5 years old, must already have adapted to the living conditions and standards at her grandparents’ place in a safe, secure, and nurturing environment,” the HC held.
The court said it doesn’t agree with the father that only the US environment is most habitually familiar to the child and the child has solely become accustomed to it.
“The child is merely 3.5 years old and can easily adapt to any environment when the biological mother is with it. In India, apart from the child’s biological mother, the child is also with her grandparents. This is another factor in the interest of the child. There is no material on record produced by the petitioner (father) to show that any physical, sexual, psychological, or mental harm can be caused to the child by the second respondent (mother) in India,” the HC held.
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“There is no adequate material on record to enable this court to draw the conclusion that the welfare of the child can be taken care of only in the US and only in the custody of the petitioner (father),” the court stated.
“There is also no material on record to convince this court that the child ought to be removed from the custody of her biological mother and be repatriated to the US to remain in the sole custody of her father,” held the division bench of justices Suman Shyam and Amit Jansandekar.
The court observed that the child has been admitted to school and is living with her biological mother and grandparents. “The child, being only 3.5 years old, must already have adapted to the living conditions and standards at her grandparents’ place in a safe, secure, and nurturing environment,” the HC held.
The court said it doesn’t agree with the father that only the US environment is most habitually familiar to the child and the child has solely become accustomed to it.
“The child is merely 3.5 years old and can easily adapt to any environment when the biological mother is with it. In India, apart from the child’s biological mother, the child is also with her grandparents. This is another factor in the interest of the child. There is no material on record produced by the petitioner (father) to show that any physical, sexual, psychological, or mental harm can be caused to the child by the second respondent (mother) in India,” the HC held.
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