By Express News Service
NEW DELHI: The Supreme Court on Thursday observed that the rights of parents are irrelevant when a court decides the issue of custody of their minor child. A bench headed by Justices Ajay Rastogi and Abhay S Oka said, “There is a well-settled law that the issue regarding custody of a minor and the issue of repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents.”
The observation came in a case wherein the Punjab and Haryana High Court issued several directions while allowing a petition for habeas corpus filed by the husband seeking custody of a minor child. The mother was directed to return to USA along with the child on or before September 30, 2021. Challenging this order, the mother had approached the top court.
