Supreme Court of India
Surya Vadanan v. State of Tamil Nadu & Ors.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, takes a final decision on the custody of the children at the earliest.
Judgment, page 42
From the headnote
Family Law: 903 Custody and guardianship of foreign children - determination - Whether by the domestic court or foreign court - When the foreign court is seized of such issue - Held: In such cases principle of 'best interests and welfare of the child' and the principle of 'comity of courts' should 0 be applied - While deciding the best interest and welfare of the child 'most intimate contact' doctrine and the 'closest concern' with the child would be better equipped and best suited to appreciate the social and cultural milieu of the child - While applying the principle of comity of courts,
Authorities it was built on
- 1986 Mrs. Elizabeth Dinshaw v. Arvand M. Dinshaw and Anr.
- 1984 Smt. Surindar Kaur Sandhu v. Harbax Singh Sandhu & Anr.
- 2009 V. Ravi Chandran v. Union of India & Ors.
- 1997 Dhanwanti Joshi v. Madhav Unde
- 2000 Sarita Sharma v. Sushil Sharma
- 2010 Mrs. Shilpa Aggarwal v. Mr. Aviral Mittal & Anr.
- 2011 Ruchi Majoo v. Sanjeev Majoo
- 2009 Mrs. Shilpa Aggarwal v. Mr. Aviral Mitial & Anr.
Where later benches applied it
- 2022 Rajeswari Chandrasekar Ganesh v. The State of Tamil Nadu & Ors.
- 2019 Lahari Sakhamuri v. Sobhan Kodali
- 2017 Nithya Anand Raghavan v. State of Nct of Delhi & Anr.
- 2019 Tejaswini Gaud and Ors. v. Shekhar Jagdish Prasad Tewari and Others
- 2017 Prateek Gupta v. Shilpy Gupta & Ors.
Of those, 3 relied on · 2 referred to
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