3 min readMumbaiUpdated: Apr 29, 2026 10:23 PM IST
The HC said it was “practically impossible” for the estranged wife to go to UK and settle down on her own and neither of the two is likely to go to US in near future. (File photo)
Allowing 12-year-old US citizen boy to remain in India with his mother, the Bombay High Court on Wednesday dismissed habeas corpus plea filed by his UK-based father seeking his return.
The HC held his welfare is best served by remaining in India with his mother and his custody and stay with the mother cannot be treated as unlawful.
The couple got married in 2008 in Mumbai and the petitioner husband, along with his wife became USA citizens in 2014 and their son was born in the same year in US and acquired US citizenship by birth.
They shifted to UK on ‘Tier Work-1 Visa’ in 2019 after the husband got a job and the boy started going to the school there.
After differences arose between the couple, the petitioner shifted to different residence in UK and subsequently the wife took the son with her to India, prompting husband to file habeas corpus plea.
The HC said it was “practically impossible” for the estranged wife to go to UK and settle down on her own and neither of the two is likely to go to US in near future.
A bench of Justice Sarang V Kotwal and Sandesh D Patil passed a ruling on plea by estranged husband who claimed that the son was in illegal custody of his mother and sought his return to the UK as per orders passed by family courts in England, which made the child to be “ward of the court” during his minority or until further orders.
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The bench observed that if the petition was allowed if the respondent estranged wife’s stay in UK was not assured, then there was a “strong” and “real possibility” that the son may not see his mother for a very long time, which “certainly would not be in his best interest”. On the other hand, the father could always visit India and meet his son, it added.
“Thus, if the custody is directed to be handed over to the Petitioner, then there would be irreparable emotional loss to the child, if he is unable to meet his mother,” the HC observed.
The judges, after their interaction with the child observed that he was getting “good education in India”. The court also noted the mother had demonstrated how the estranged husband was “not acting in the best interest of the child and he was not giving No-Objection to renew the child’s US passport, causing legal hurdles in getting OCI card for the son.”
“The petitioner’s conduct shows that he is trying to close all the options for the Respondent and making her life extremely difficult. This is another reason why we are not inclined to allow this petition,” the HC observed.
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The HC termed it to be a “peculiar case” where son was not sought to be taken to UK instead of US of which he is a citizen. The bench, dismissing the plea, added the child earlier suffered from heart-related issues and as he did not have close relatives in UK, “in case of any unforeseen emergency, the son would be totally helpless.” The HC also asked family court here to decide woman’s divorce plea uninfluenced by its observations and decide on temporary access to the child.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
