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SC ignores US court order, gives woman her kids

Unmindful of an American court order restoring custody of two minors to their father, the Supreme Court has put them under the care of the mother keeping in view ''the welfare of the children.''

''It will not be proper to be guided entirely by the fact that Sarita Sharma (the mother) had removed the children from the United States of America without seeking the permission of the court of that country. The decree passed by the American Court, though a relevant factor, cannot override the consideration of welfare of the minor children,'' the court observed.

The order was delivered by a division bench comprising Justice G T Nanavati and Justice S N Phukan in an appeal filed by the mother.

The appeal was directed against a Delhi High Court judgement in a habeas corpus petition filed by the father (Sushil Sharma) seeking custody of Neil and Monika - aged seven and three years respectively. It was alleged that the children were in illegal custody of Sarita Sharma, whom he had married on December 23, 1988.

The High Court had directed Sarita to restore the custody of the two children to Sushil Sharma.

The case revolved around proceedings in the US for the dissolution of the marriage. The husband had filed a suit in the district court in Texas in 1995.

In May 1997, Sarita picked up the children from Sushil's residence in exercise of her visitation rights and flew them down to India without obtaining any order from the American court.

The apex court noted that chances of Sarita returning to the US with the children would depend on the joint efforts of the couple.

They would have to explain to the court in the US, which had issued arrest warrants against Sarita, the circumstances leading to her departure from the country, it said.

''There is possibility that both of them may thereafter be able to approach the court which passed the decree to suitably modify the order with respect to the custody of the children and visitation rights,'' the apex court said.

UNI

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