Mumbai: Bombay High Court Rejects UK Father’s Plea for Custody, Citing Safety Concerns Due to Anger Issues
Mumbai, 7th December 2023: The Bombay High Court, in rejecting a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen, emphasized that handing over custody to the father would not be safe due to his anger issues. The court deemed it in the ‘best interest’ of the child to stay with her mother in India.
The couple married in 2018 in New York, separated for six months after the child’s birth in March 2020 due to marital disputes and later moved to Singapore after signing a reconciliation agreement. When the wife, along with their daughter, returned to India and did not go back to Singapore, the husband filed a plea in a Singapore court, which granted joint custody.
However, the Bombay High Court prioritized the child’s welfare, noting her tender age and the father’s past conduct with anger issues. The court highlighted that the child had not developed roots in any specific country, making her mother’s care essential. Despite accusations of the child being brought to India illegally, the court justified the move, considering the wife’s concerns about the husband’s violent behaviour.
The court dismissed the plea, stating that visitation rights should be addressed by a competent court handling custody proceedings.
