Blitz Bureau
THE Supreme Court has held that a foreign court judgment that goes against Indian law is not binding on Indian courts. The apex court was hearing a challenge against the Gujarat High Court order dismissing the writ of habeas corpus filed by the petitioner seeking repatriation of the minor daughter based on an order from the US Court.
The case involved a custody dispute. The top court dismissed the petition for temporary custody of two girls currently living with their mother in India. “A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian courts are not bound to follow it,” the Bench said, clarifying that no attempts to affect the status of the minors or their mother shall be made by the Indian courts in compliance to a Minnesota court order.
A Minnesota court had granted the custody of two minor girls to their father, while the girls lived with their mother. The father filed a habeas corpus for repatriation of his daughters. The Bench also clarified that “…no attempt shall be made or allowed by the Indian authorities or the Indian Courts (except this Court) to affect the status of the children or their mother, who are staying in India, in purported compliance to an order the petitioner is claimed to have obtained from the District Court, Fourth Judicial District, Family Court Division, State of Minnesota, U.S.A. in July 2023.”
