Supreme Court: Child’s Welfare Above U.S. Custody Order

In Sarita Sharma v. Sushil Sharma, the petitioner husband had filed for divorce in U.S. courts. During the ongoing custody proceedings, where both parties had been appointed as managing conservators of their children, the wife brought the children to India, allegedly without informing the husband.

The husband alleged that the children were in illegal custody of the wife, and the High Court initially directed Sarita Sharma to restore custody of the two children to him and hand over their passports.

On appeal, the Supreme Court held that while a foreign court decree may be considered, it cannot override the welfare of minor children. The Court expressed doubts about the husband’s ability to provide proper care, citing his alleged bad habits and his residence in the U.S. with only his aged mother for support.

The Court further emphasised that, ordinarily, female children should remain with their mother for proper care, and that separating siblings is generally undesirable. Accordingly, the Court concluded that custody of the mother in India was not illegal, prioritising the children’s welfare over foreign judgments.