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Jasmeet Kaur v. State (NCT of Delhi) & Anr.

Special Leave Petition (Criminal) · 2019 INSC 1361Decided 12 Dec 2019
Special Leave Petition (Criminal) Nos. 4858-4859 of 2018
Justice Uday Umesh Lalit · Justice Indu Malhotra

Background

A husband and wife, both US citizens settled in Connecticut, had two children. During a 2016 family visit to India, the wife refused to return to the US with the children. US courts granted the husband custody, and Delhi courts (Family Court and High Court) repeatedly held that Indian courts lacked jurisdiction since the family was "ordinarily resident" in the US, directing the wife to return the children. The wife challenged these orders, including a habeas corpus direction to produce and return the children, before the Supreme Court.

Decision Breakdown

During arguments, the wife agreed to return to the US with the children, so the Supreme Court did not need to rule on the jurisdiction question. Instead, acting almost as a mediator, the Court recorded a detailed consent arrangement covering passport renewal for the children, a two-week return timeline, housing and monthly financial support (rounded to US $8,000/month) for the wife, visitation rights for the husband, division of the couple's jointly-run dental clinic assets, and withdrawal of the wife's pending Indian divorce petition. Both Special Leave Petitions were disposed of on these negotiated terms.

Lesson Learnt

In international child-custody disputes, Indian courts generally favour resolving jurisdiction by the children's "ordinary residence," and the Supreme Court will readily convert a contested case into a structured, enforceable settlement once parties reach consensus, sparing children and parents a protracted jurisdictional battle.

Official source (sci.gov.in)View Judgment (PDF)

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