SC: Can consider custodial disputes decided abroad

Indian courts have jurisdiction to deal with custodial disputes of minor children even if a foreign court has passed an order in favour of either of the parents,the Supreme Court has ruled. “Simply because a foreign court has taken a particular view on any aspect concerning the welfare of the minor is not enough for the courts in this country to shut out an independent consideration of the matter. Objectivity,and not abject surrender,is the mantra in such cases,” a judgment by a bench of Justices V S Sirpurkar and T S Thakur observed.

The apex court passed the judgment while upholding an appeal filed by Ruchi Majoo against a Delhi High Court order,denying jurisdiction to Indian courts on the doctrine of “comity of courts”.