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Family LawSupreme Court of India

Lahari Sakhamuri v. Sobhan Kodali

Civil Appeal · 2019 INSC 383Decided 15 Mar 2019
Civil Appeal Nos. 3135-3136 of 2019
Justice A.M. Khanwilkar · Justice Ajay Rastogi

Background

A married couple, both US green-card holders, had two minor children born in the United States who held US citizenship. After their marriage broke down, a custody dispute arose, leading to habeas corpus proceedings in the High Court of Andhra Pradesh/Telangana, with cross-appeals reaching the Supreme Court. Despite extended efforts at mediation and reconciliation before the Supreme Court, the parties could not resolve their differences, leaving the children's welfare and nationality status at the centre of the dispute.

Decision Breakdown

The Supreme Court examined the matter through the lens of the best interests of the children, noting they were US citizens whose lives, schooling and social environment were rooted in the US. The Court directed the mother to return to the US with both children within six weeks, with the father bearing all travel and stay costs; if she declined to travel, the father was to deposit Rs. 15 lakhs for her and arrange for the children to be handed over to the US Consulate for return to the jurisdiction of the US court, where the custody dispute would be finally decided on merits. The Court clarified its observations were only for the limited purpose of the habeas corpus proceeding and would not bind the US court's eventual decision.

Lesson Learnt

In cross-border custody disputes, Indian courts focus on the best interests of the child rather than parental convenience, and will often direct the matter back to the court of the child's "natural" or habitual residence (here, the US) for final adjudication rather than deciding custody permanently themselves.

Lahari Sakhamuri v. Sobhan Kodali – Legal Case Shots | LegalAware