Custody Battle Over Minor: Vasudha Sethi vs. Kiran V. Bhaskar

The case of Vasudha Sethi & Ors. vs. Kiran V. Bhaskar & Anr. is a complex child custody dispute involving international legal considerations. The matter reached the Supreme Court after the Punjab and Haryana High Court ruled in favor of the father, directing the mother to return their minor child to the United States.

The appeal arose from a habeas corpus petition filed by the respondent, the father, seeking custody of his minor child who was brought to India by the appellant, the mother, for medical treatment. The father contended that the mother violated an agreed-upon international travel consent by not returning the child to the U.S. The mother, however, argued that the best interest of the child required him to stay in India under her care due to his health condition.

Petitioner’s Arguments

The respondent, Kiran V. Bhaskar, asserted the following:

• The child was unlawfully retained in India by the mother beyond the agreed return date of September 26, 2019.
• An Arkansas court in the U.S. granted him primary custody and ordered the child’s immediate return.
• There was no medical necessity for the child to remain in India, as his health condition had stabilized post-surgery.
• He was financially capable of supporting the child in the U.S., and the U.S. legal system was competent to decide custody matters.

Respondent’s Arguments

The appellant, Vasudha Sethi, argued:

• The child required continuous medical supervision, which was better available in India.
• The father had previously expressed a desire to settle in India and had even purchased property there.
• The ‘tender years’ doctrine under Indian law favored the mother’s custody.
• Forcing her to return to the U.S. would violate her fundamental rights and autonomy.
• The welfare principle should prioritize the child’s best interests rather than legal technicalities.

Key Observations of the Supreme Court

Justices Ajay Rastogi and Abhay S. Oka delivered the judgment, making several critical observations:

• The fundamental principle in custody cases is the best interest of the child, not the rights of the parents.
• There was no medical evidence to prove that the child needed to remain in India for health reasons.
• The child’s future prospects would be better safeguarded in the U.S., given his citizenship and legal rights.
• The mother was given an option to return to the U.S. with the child and participate in custody proceedings.

Final Decision

The Supreme Court ruled that:

• The mother had the option to return to the U.S. with the child, with financial and logistical support from the father.
• If she refused to return, she had to hand over the child’s custody to the father, who would take the child back to the U.S.
• In case the mother chose to return, she would be provided accommodation, financial support, and health insurance.
• Custody proceedings would continue in the U.S. court, and the mother would have the opportunity to contest.

This ruling underscores the principle that child custody cases should prioritize the well-being of the minor rather than parental disputes. The Supreme Court’s decision attempts to balance parental rights while ensuring that the child’s future remains secure.

Read also: https://judgmentlibrary.com/supreme-court-grants-divorce-by-mutual-consent-waives-six-month-waiting-period/

Petitioner Name: Vasudha Sethi.
Respondent Name: Kiran V. Bhaskar.
Judgment By: Justice Ajay Rastogi, Justice Abhay S. Oka.
Place Of Incident: India, United States.
Judgment Date: 12-01-2022.

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