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july 2013

Supreme Court of India · 2013-07-16

ARATHI BANDI vs BANDI JAGADRAKSHAKA RAO .

Citation / case number
SC 2010/40797
Court
Supreme Court of India
Petitioner
ARATHI BANDI
Respondent
BANDI JAGADRAKSHAKA RAO .
Author
PINAKI CHANDRA GHOSE SURINDER SINGH NIJJAR
Bench
PINAKI CHANDRA GHOSE SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court addressed the legality of a High Court's order directing compliance with a U.S. court's custody order under Article 226 and Section 13(c) and (d) of the Code of Civil Procedure, 1908. The Court held that the welfare of the minor child must be prioritized, and that foreign court orders are not automatically enforceable in India if they violate domestic law. The Court ultimately set aside the High Court's directions, emphasizing the need for a thorough examination of the facts before enforcing such orders.

ARATHI BANDI vs BANDI JAGADRAKSHAKA RAO . · Niyam