Supreme Court of India

Prateek Gupta v. Shilpy Gupta & Ors.

Neutral citation

Reported as [2017] 13 S.C.R. 230

Bench Dipak Misra and Amitava Roy JJ.

Decided 6 December 2017

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the child, till he attains majority, ought to continue in the custody, charge and care of the appellant, subject to any order to the contrary, if passed by a court of competent jurisdiction in an appropriate proceeding deciding the issue of its custody in accordance with law.

Judgment, page 38

From the headnote

Child and Family Welfare: Custody of child - Principles of "comity of courts". "intimate contact"' and "'closest concern"' - Invocation of - Held: Invocation of these principles/doctrines has to he judged on the touchstone of myriad attendant facts and circumstances of each case, the paramount concern being the welfare of the child - These doctrines are of persuasive relevance only when the child is uprooted from its native country and taken to a place to encounter alien environment. language. custom etc. with the portent of mutilative hearing on the process of its overall growth and grooming

Authorities it was built on

1986 Mrs. Elizabeth Dinshaw v. Arvand M. Dinshaw and Anr. cited by 19
2017 Macquarie Bank Limited v. Shilpi Cable Technologies Ltd. cited by 13
2009 V. Ravi Chandran v. Union of India & Ors. cited by 11
1997 Dhanwanti Joshi v. Madhav Unde cited by 10
2000 Sarita Sharma v. Sushil Sharma cited by 9
2010 Mrs. Shilpa Aggarwal v. Mr. Aviral Mittal & Anr. cited by 8
2011 Ruchi Majoo v. Sanjeev Majoo cited by 6
2009 Mrs. Shilpa Aggarwal v. Mr. Aviral Mitial & Anr. cited by 6
2015 Surya Vadanan v. State of Tamil Nadu & Ors. cited by 5

Where later benches applied it

2020 Sri Nilanjan Bhattacharya v. The State of Karanataka and Others relied on
2021 Aman Lohia v. Kiran Lohia referred to

Of those, 1 relied on · 1 referred to

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