Court restrains Interpol from taking custody of child from NRI

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).9220/2010
(From the judgement and order dated 08/03/2010 in CMM No. 448/2009 of the HIGH COURT OF DELHI AT NEW DELHI)
RUCHI MAJOO Petitioner(s)
VERSUS
SANJEEV MAJOO Respondent(s)
(With prayer for interim relief)
Date: 15/09/2010 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE AFTAB ALAM
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD
For Petitioner(s)
Ms. Indira Jai Sing, ASG
Mr. Sanjay Parekh, Adv.
Mr. Anish R. Shah, Adv.
Ms. Soumya Ray, Adv.
Mr. Ashish Bhan, Adv.
Ms. Mamta Saxena, Adv.
Ms. Smidhi Sinha, Adv.
Ms. Sonam Anand, Adv.
Mr. Mukul Kumar, Adv. (NP)
For Respondent(s)
Mr. Pallav Shishodia, Sr. Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Mukul Kumar, Adv.
Mr. Sudhir Pal Singh, Adv.
Ms. Anitha Shenoy, Adv. (NP)
UPON hearing counsel the Court made the following
O R D E R
Put up before a Bench of which one of us (Aftam Alam, J.) is not a member.
(N.S.K. Kamesh) (S.S.R. Krishna)Court Master Court Master

UPON hearing counsel the Court made the following
O R D E R

In this case, the parties, who are of

Indian origin, had gone to USA and had a child

there, who having been born in USA has US

citizenship.

SLP(Civil) No.9220/2010

The parties also took up US citizenship.

Thereafter, the petitioner (wife) returned to

India and filed a petition for custody and

guardianship, which is pending before the

District Court, Delhi. At the same time, the

husband also filed a petition for guardianship

in the Superior Court of California, USA which

has been allowed. The District Judge III (west)

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Delhi dismissed the husband’s application for

dismissing the wife’s petition.

The Delhi High Court has allowed the

petition filed by the husband-respondent herein,

and dismissed the Guardianship petition filed by

the wife on the ground that the District Judge,

Delhi has no jurisdiction to entertain the said

petition.

This matter pertains to private

International law. Hence, we would like to get

the assistance of the Indian Society of

International law, Bhagwan Das Road, New Delhi,

as it has expertise in the matter. Issue notice

to the Indian Society of International Law which

is requested to assist us as amicus curiae in

the matter. The Indian Society of International
Law is requested to depute some expert in

private international law to appear before us to

assist us in the matter.

In the meantime, the interim order passed

by this Court will continue. Copies of the

proceedings and other relevant papers may be

forwarded forthwith by the Registry of this

Court to the Indian Society of International

Law, Bhagwan Das Road, New Delhi.

Mr. Sanjay Parikh, learned senior counsel

has stated that he recuses himself from any

exercise undertaken by the Indian Society of

International Law, since, he is a member of the

executive council of the Society and he is

appearing for the petitioner in this case.

List this matter on 9th November, 2010.

(Deepak Joshi) (Indu Satija)
Sr. P.A. Court Master

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