VOI World/ Desk
In a significant ruling, the Delhi High Court upheld a family court’s decision to grant custody of a four-year-old girl to her Indian father, rejecting her Russian mother’s appeal. The Court expressed “reasonable apprehension” that the mother could remove the child from the jurisdiction of Indian courts.
The Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar noted both mother and child held Russian passports and the mother had previously sought exit permits via the Russian Embassy, highlighting concerns of international custody evasion.
Although Section 6(a) of the Hindu Minority and Guardianship Act, 1956 typically grants custody of children under five to the mother, the Court deemed the case exceptional. It emphasised enforcing the court’s jurisdiction and safeguarding the child’s welfare amid cross-border risks.
The parents married in 2013 and relocated from Russia to India, where their dispute escalated. The father, based in Dehradun and managing family property, was found to provide stable residence and income; the mother, living in Goa and working as a dance and yoga instructor, earned roughly ₹25,000 per month.
This ruling underscores the evolving landscape of international family law in India as cross-border mobility and dual citizenship make custody cases more complex. Authorities emphasised the need for stronger legal mechanisms to prevent removal of minors abroad and to protect the enforceability of Indian court orders.
