Supreme Court of India · 1986-11-11
MRS. ELIZABETH DINSHAW vs ARVAND M. DINSHAW AND ANR.
- Citation / case number
- SC 1986/69993
- Court
- Supreme Court of India
- Petitioner
- MRS. ELIZABETH DINSHAW
- Respondent
- ARVAND M. DINSHAW AND ANR.
- Author
- V. BALAKRISHNA ERADI
- Bench
- V. BALAKRISHNA ERADI
Judgment text excerpt
The Supreme Court held that the custody order of a foreign court, specifically the Circuit Court of Saginaw, Michigan, must be respected under Article 32 of the Constitution of India. The court emphasized that the unlawful abduction of the minor child by the father, in violation of the American court's decree, warranted the restoration of custody to the mother. The court ordered the child to be returned to the United States, affirming the principle that foreign custody orders should be honored unless contrary to Indian public policy.