American law does not hold good in Bengaluru, NRI denied custody of daughter

The HC set aside an American court order, cited by an NRI father to apply for a Habeas Corpus petition to claim his daughter. The HC ruled that when the child is with her mother, it is not illegal detention. The Arizona court in USA had ruled that the father had sole custody of the daughter

In a strange case, the State High Court has set aside a ruling by an American court, cited by an NRI father to claim custody of his daughter, through Habeas Corpus petition, from his estranged wife.

An NRI, Sriram Shankaran, had applied for a Habeas Corpus petition to get the custody of his daughter Shrushti alleging that his estranged wife Savitha had kidnapped her from America and brought her to Bengaluru. He argued that the American Court had granted him the right to take any decision with regard to Shrushti, in the absence of Savitha not being present at the time of proceedings at America.

The HC ruled that a Habeas Corpus can apply only when the person is illegally detained and in this case it did not apply as the child is living with her mother. Hence the court declined to grant custody of Shrushti to Sriram Shankaran and ruled that the child belonged with her mother. It however suggested that the father can appeal in the State HC against the ruling. The division bench comprising Justice Ashok B Hinchigeri and Justice K S Mudgal dismissed Sriram’s petition.

Sriram Sankaran and H R Savitha had got married in Bengaluru in 2010.  Post marriage they were living in USA.  In 2013 their daughter Shrushti was born. By the virtue of birth the child has got American citizenship. In 2014, Sriram had applied for divorce with Arizona Court in the USA, claiming torture by Savitha. The Arizona court had ruled that the right to take decision about the child rested with both the parents and any one parent taking the child out of US had to give a written approval to other.

Savitha returned to her parents’ house in Bengaluru in 2016. Her last date to return to USA was 2016 August 18. However, Savitha did not return to US. Sriram applied a contempt of court petition against her at Arizona court, stating that Savita had kidnapped their daughter to Bengaluru. The court had summoned Savitha to produce the child before it immediately. As she did not go, the court ruled that the power to decide about the child rested with the father only.

Based on this ruling Sriram arrived in Bengaluru and submitted a Habeas Corpus. However Savitha had already moved Court in Bengaluru appealing for the custody of Shrushti. The HC ruled that the child belonged with mother.