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.