Gujarat High Court Rejects NRI’s Bid for Child’s Return

Gujarat High Court Rejects NRI Plea

The Gujarat High Court has rejected an NRI’s plea for the repatriation of his three-year-old daughter to the US, choosing to uphold the child’s current custody arrangement with the mother.

The child remained in India following the family’s visit in February 2023, and the petitioner, involved in divorce and child custody proceedings in a Minnesota court, sought the child’s return through a habeas corpus petition.

Gujarat High Court Rejects

The court, led by Justice A Y Kogje and Justice R M Sareen, considered the mother’s recent delivery of their second child in August 2023 as a significant factor in denying the father’s plea. Recognizing the emotional bond between the children, the court emphasized the potential trauma of separating siblings.

The High Court concluded that the child’s best interest lies in remaining with her mother and newborn sibling, outweighing other considerations related to the custody battle.

The court suggested that video conferencing could be utilized for the wife to participate in the US court proceedings without disrupting the family’s current situation.

While refusing the child’s repatriation, the court granted the NRI father visiting rights and permitted his parents in the city to meet and stay with the child.

The couple’s situation unfolded when, after their visit to Ahmedabad in February, the wife chose to stay in India, prompting legal disputes in both the US and India over the child’s custody and education plans.

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