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february 2000

Supreme Court of India · 2000-02-16

Sarita Sharma vs Sushil Sharma

Citation / case number
AIR 2000 SUPREME COURT 1019
Court
Supreme Court of India
Petitioner
Sarita Sharma
Respondent
Sushil Sharma
Author
G.T. Nanavati
Bench
G.T. Nanavati, S.N. Phukan

Judgment text excerpt

The Supreme Court upheld the High Court's decision granting Sushil Sharma custody of his children, Neil and Monica, under the principle that the jurisdiction of the American Court was not properly informed of Sarita Sharma's actions in taking the children to India. The Court emphasized that Sarita's failure to seek permission from the American Court constituted a wrongful act, thereby validating Sushil's claim to custody. The Court affirmed the High Court's order for Sarita to return the children and their passports to Sushil, allowing him to take them to the U.S.A. without hindrance.

Sarita Sharma vs Sushil Sharma · Niyam