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SARITA SHARMA vs. SUSHIL SHARMA

SCR Citation: [2000] 1 S.C.R. 915
Year/Volume: 2000/ Volume 1
Date of Judgment: 16 February 2000
Petitioner: SARITA SHARMA
Disposal Nature: Appeal Allowed
Neutral Citation: 2000 INSC 82
Judgment Delivered by: Hon'ble Mr. Justice G.T. Nanavati
Respondent: SUSHIL SHARMA
Case Type: CRIMINAL APPEAL /337/1998
Order/Judgment: Judgment
1. Headnote

Hindu Marriage Act, 1955-Section 26-Custody of Minor children-Divorce proceedings initiated by husband in USA-During the pendency of the proceedings both husband and wife were living separately from each other in USA-American Court passed an interim order giving custody of children (a boy and a girl) to husband and only visitation rights was allowed to the wife-Exercising her visitation rights, wife took custody of children and flew back to India-Husband filed a writ of Habeas Corpus before High Court for custody of the children-High Court directing wife to restore custody of children to husband and allowed to take the children to USA-Held, in view of the facts and circumstance of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children-Therefore, inspite of the order passed by the Court in USA it was not proper for the High Court to have allowed Habeas Corpus petition solely on the ground of breach of American Court's order-lnterest of the children requires a full and thorough inquiry and, therefore, High Court should have directed the husband to initiate appropriate proceedings in which such an inquiry can be held Hindu Minority and Guardianship Act, 1956, Section 6. 

Custody of minor children-Role of mother-Ordinarily, a female child should be allowed to remain with the mother so that she can be properly looked after-lf female child has to stay with the mother, it will be in the interest of another child that they both stay with the mother.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Hindu Marriage Act
  • 1955
  • Section 26
5. Equivalent citation
    Citation(s) 2000 AIR 1019 = 2000 (3) SCC 14 = 2000 (3) Suppl. SCC 14 = 2000 (2) JT 258 = 2000 (2) Suppl. JT 258 = 2000 (1) SCALE 601