In custody battle, daughters pick dad over US-based mom | India News – Times of India

NEW DELHI: Belying the customary notion that mother is the best guardian for daughters, two girls on Thursday firmly told the SC that they would prefer to be under the guardianship of their India-based father rather than go with their US-based mother.
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.”
This remark came from the bench after it interacted with the two girls, one over 18 years of age and the other 16 years, through video-conferencing without the presence of counsel for the estranged couple – senior advocate Sidharth Luthra for the mother and senior advocate Sidharth Bhatnagar for the father, for a considerable time.
“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,” the bench said.
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.”
“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…,” the CJI-led bench said.

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