Sri Lankan Father's Petition For Custody Of Children Dismissed By Bombay HC

Custody of children: The Bombay High Court dismissed a habeas corpus petition filed by a father. The petition asked that the custody of children to be handed to him, along with the order to produce his children who were with his estranged wife.

The Sri Lankan-Canadian father based in Lanka cited that a restriction order had been filed in November 2020. He also cited a 2017 high court order that restrained the mother to travel to India with the children. A 2018 order of a Sri Lankan court that granted him physical custody of both children and divorce on the grounds of desertion was also cited. The father had sought a divorce in 2016.

Justice S S Shinde and Manish Pitale pronounced that the children’s best interest is the first priority. They added that "merely because there are some orders passed by a foreign court against their mother… would not dis-entitle her from continued custody of the minor children."

The High Court bench observed that the children who are 6-years-old and 7-years-old “appeared to be more comfortable with their mother”. They also observed that the progress report appeared to be satisfactory. The parents moved to the United States of America in 2013. Their daughter was born there and is an American citizen, while their son was born in India and is a Sri Lankan citizen.

The Bombay High Court took reference to the American Consulate in Mumbai for the daughter. It stated that she was being well looked after. The Judges interacted with the children and stated that they had “developed roots’ in India, speak the local language, and are well adjusted in school.

It also noted that even though the opinion of the children was not a deciding factor, their desire to stay in India with their mother felt “relevant”. The court said that both children “unequivocally stated” their desire to stay with their mother in India.