Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India
In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother.
The case involved Srinivas Ramineni, a U.S. citizen, who filed a habeas corpus petition seeking custody of his minor son, Gautam. The child had been brought to India by his mother in March 2023, amidst marital discord between the parents.
“The court has to make a scrupulous enquiry as to with whose hands the minor's welfare will be safe and his all-round welfare will be served. Above all, in cases of dislocation of minors from a foreign country to India, the judgments are in the line that whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country if the child has not developed roots in India and no harm would be caused to the child on such return,” the Division Bench, comprising Justice U. Durga Prasad Rao and Justice Sumathi Jagadam held.
The petitioner argued that the child, a US citizen, was accustomed to American conditions and was suffering health issues due to the abrupt change in environment. He contended that the respondents were unable to provide adequate care and education for the children in India.
The respondents countered that the mother, as a natural guardian, had not illegally brought the child to India. They argued that the child was receiving proper care and education.
The division bench carefully considered the circumstances surrounding the case. Born in the United States in May 2019, Gautam spent the first four years of his life there before being brought to India by his mother and was not able to adjust to India. It said:
“Therefore, it is needless to emphasize that the boy was born and brought up for a considerable period and he adapted to the foreign conditions rather than acclimatizing to Indian conditions. Admittedly, he was suffering with health problems now and then though not of serious nature. So taking the welfare of the minor child i.e., his education, health and future, it appears to us that the minor boy's welfare will be best served in the hands of the petitioner if the custody is given to him and if he is allowed to take the boy to USA and admit him in a good school and look after his education and other welfare activities.”
While relying on the Judgements passed by the Supreme Court in Rajeswari Chandrasekar Ganesh's case and Nilanjan Bhattacharya's case, the Court held that when a child is removed from their native country to India, it is generally in their best interest to return if they have not developed roots in India.
While granting custody to the father, the court also took steps to maintain the child's relationship with his mother. It directed that the mother be allowed weekly video calls with the child and bi-annual visits to the U.S., with expenses to be borne by the father.
Notably, the court made its order subject to the outcome of ongoing divorce proceedings between the parents.
Srinivas Ramineni vs. State of Andhra Pradesh rep. by its Principal Secretary and others.
WP 31096 of 2023
Counsel for petitioner: V V Satish
Counsel for respondent: P RAJESH BABU