There Is Little We Can Do As Daughters Are Not Willing To Go With Mother | Supreme Court

As we read several orders, mothers have always been awarded child custody, particularly when the children are female. However, in a reverse, the Supreme Court on Thursday consulted 2 daughters, who chose to be under the guardianship of their father Vs mother.

MDO has always been an advocate of Shared Parenting and we hope both parents get ample opportunity to be with their children. 

Case:

The estranged woman has been engaged in a cross-continent battle for custody of her two daughters, who were taken from US to India by their father on the guise of visiting the country for a fortnight, was told by a bench of Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli that “there is little we can do as the children are not willing to go with the mother.” 

The bench remarked this when both daughters preferred to be under the guardianship of their India-based father rather than go with their US-based mother.

The bench interacted with the two girls, one who is over 18-years of age and the other 16-years, through video-conferencing without the presence of counsel for the estranged couple. The bench said,

We interacted with the children for quite some time, though we are not 100% satisfied with the connectivity. The sum and substance of the interaction is that the children are not willing to go with the mother. You (the mother) try your luck before the trial court.

In its order, the bench said,

Taking into consideration the fact that the scope in petition seeking writ of habeas corpus is very limited and taking note of the consideration made by the (Bombay) High Court, we are not inclined to interfere with the impugned order passed by the HC dismissing the writ petition filed by the petitioner herein.

The CJI led bench further added,

Further, taking into consideration the facts and circumstances of the instant case, we grant liberty to the parties to avail the remedies available to them in accordance with law before an appropriate court.

Senior advocate Sidharth Luthra represented the mother, while senior advocate Sidharth Bhatnagar represented the father,

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