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.