Delhi High Court Dismisses Cross Custody Pleas, Says Welfare of Child Outweighs Foreign Rulings

The Delhi High Court dismissed cross petitions in a transnational child custody dispute, reiterating that the welfare of the child is the paramount consideration.

The Court held that foreign court orders and the child’s foreign citizenship are not decisive and cannot override the child’s best interests, especially when the child has developed strong roots in India.

Emphasising that such orders are only persuasive, not binding, the Court noted that custody issues involving complex facts should not be decided in writ jurisdiction.

Both parties were granted liberty to pursue appropriate remedies under relevant laws for a detailed determination of custody.

[Aman Kathpal v. UOI & Anr.]