Family Law: Child custody – Petition for divorce and for custody of minor children (US citizens) filed by wife/mother in US – Order by US Court directing the husband/father to appear for conciliation and not to change the residence of children – In the meantime, due to family urgency wife/mother when came to India, filed petition in the Family Court seeking custody of the children – Family Court passed ex parte interim injunction order restraining the husband/father from taking away minor children – Emergency petition by husband/ father before US Court – US Court passed order for continuing jurisdiction over custody matter and granted temporary custody to the wife/mother with direction to return the children to the jurisdiction of US Court – Husband/father’s application objecting to jurisdiction of Family Court rejected – Appeal to High Court – Husband/father also filed writ petition seeking writ of Habeas Corpus for producing the minor children – High Court disposed of the appeal and the writ petition holding that Family Court did not have jurisdiction and that it was in the interest of the children to return to US – On appeal, held: In the facts of the case, High Court rightly rejected the application for custody of minor children before Family Court holding that the children were not ordinary residents of India – Taking holistic consideration of entire case, all the criteria such as comity of courts, orders of foreign court having jurisdiction over the matter regarding custody of children, citizenship of spouse and children, intimate connect and welfare and best interest of minor children weigh in favour of the husband/ father – Direction issued to the wife/mother to return to US along with the children – Foreign Court – Comity of Court. Child custody – Court has to keep in mind the best interest of the child as the paramount consideration while granting custody of minor children – The crucial factors for gauging the welfare of the children are such as maturity and judgment; mental stability; ability to provide access to school; moral character; ability to provide continuing involvement in the community; financial sufficiency; factors involving relationship with the child as opposed to characteristic of the parent as an individual. Custody dispute – Negotiated resolution – Preference of, over judicial resolution – Held: Negotiated resolution is preferable from child’s perspective