Supreme Court of India · 2018-07-20
Mrs. Kanika Goel vs The State Of Delhi Thru Sho
- Citation / case number
- AIRONLINE 2018 SC 71
- Court
- Supreme Court of India
- Petitioner
- Mrs. Kanika Goel
- Respondent
- The State Of Delhi Thru Sho
- Author
- A.M. Khanwilkar
- Bench
- D.Y. Chandrachud, A.M. Khanwilkar, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's decision to grant a writ of habeas corpus under Article 21 of the Constitution, directing the appellant (mother) to return her minor daughter M to the jurisdiction of the competent court in the USA, as per the order of the Circuit Court of Cook County, Illinois. The Court emphasized that the welfare of the child is paramount and that the appellant's actions of removing the child from the USA without consent constituted a violation of the established custody order. The judgment reinforced the principle that international custody disputes must respect existing foreign court orders.