Nothing is above the happiness of children. Delhi High Court overturns British court’s order, rejects claim of foreign citizenship. – ..

News India Live, Digital Desk: Keeping human sensitivities and the future of children above the law books, Delhi High Court has given a historic decision. The court has made it clear that the order of any foreign court cannot be bigger than the welfare of children. With this decision, the High Court rejected the petition of a father in which he had sought the custody of his children citing the order of the British Court.

What was the whole controversy? (The Legal Battle)

This case pertains to a family that lived in Britain, but after a mutual dispute, the mother returned to India with her two children.

British Court Order: A British court had ordered that the children be sent back to their father in the UK.

Father’s argument: The father filed a Habeas Corpus petition in the Delhi High Court and said that the children are British citizens, so they should be sent back there.

Mother’s side: The mother cited the safety of the children and their better future in India.

High Court’s big comments: Why was the decision changed?

Understanding the seriousness of this matter, the Justice bench said some things which have become an example for the future:

Welfare is supreme: The court said that only ‘foreign citizenship’ or ‘foreign court order’ cannot be the basis while deciding the custody of children. The most important thing is to see where the child is happy and safe.

Roots in India: The court found that the children have mingled with their mother in India, are going to school and feel safe in the environment here.

Legal Maneuvers vs. Emotions: The court clarified that the objective of the judicial process is to do justice, and not to impose any technical order on the wishes of the children.

What will be the effect of this decision?

This decision will set a precedent for thousands of ‘cross-border’ custody cases where parents try to get custody of children by taking recourse to the laws of different countries. Now Indian courts will respect foreign orders, but the final decision will be taken only after looking at the “best interest” of the children.