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november 1986

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.

MRS. ELIZABETH DINSHAW vs ARVAND M. DINSHAW AND ANR. · Niyam