Supreme Court of India

Nithya Anand Raghavan v. State of Nct of Delhi & Anr.

Neutral citation

Reported as [2017] 7 S.C.R. 281

Bench Dipak Misra, A. M. Khanwilkar and Mohan M. Shantanagoudar JJ.

Decided 3 July 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.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the custody of the minor with the appellant, being her biological mother, will have to be presumed to be lawful.

Judgment, page 35

From the headnote

Child and Family welfare - High Court issued writ for production of minor daughter allegedly removed by mother-appellant from custody of father-respondent no.2 from U.K. - High Court directed the mother to produce her daughter and to comply with the order of High Court of Justice, U.K. within 3 weeks or in alternative to handover the custody of daughter to father within 3 weeks from date of order - Whether the return of the minor to her native state would be in the interests of the minor - Held: The Courts in India are not denuded from declining the relief to return the child to the native

Authorities it was built on

1986 Mrs. Elizabeth Dinshaw v. Arvand M. Dinshaw and Anr. cited by 19
1984 Smt. Surindar Kaur Sandhu v. Harbax Singh Sandhu & Anr. cited by 13
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
2015 Surya Vadanan v. State of Tamil Nadu & Ors. cited by 5
2013 Arathi Sandi v. Bandi Jagadrakshaka Rao and Ors. cited by 1

Where later benches applied it

2022 Rohith Thammana Gowda v. State of Karnataka & Ors. relied on
2022 Rajeswari Chandrasekar Ganesh v. The State of Tamil Nadu & Ors. relied on
2020 Sri Nilanjan Bhattacharya v. The State of Karanataka and Others relied on
2020 Yashita Sahu v. State of Rajasthan & Ors. relied on
2019 Lahari Sakhamuri v. Sobhan Kodali relied on
2025 Kiran Raju Penumacha v. Tejuswini Chowdhury referred to
2025 Sharmila Velamur v. V. Sanjay and Ors. referred to
2021 Aman Lohia v. Kiran Lohia referred to
2019 Tejaswini Gaud and Ors. v. Shekhar Jagdish Prasad Tewari and Others referred to

Of those, 5 relied on · 4 referred to

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