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Issues:
Custody of minor child, Jurisdiction of the court, Welfare of the minor child, Conflict of laws Custody of Minor Child: The appellant, wife of respondent 1, filed a petition seeking custody of her son who was taken to India by the husband. The husband, who had a criminal conviction, was deemed the natural guardian under the Hindu Minority and Guardianship Act, 1956. However, the court emphasized that the paramount consideration should be the welfare of the minor child, who was about 8 years old. The court found the father's conduct, including attempting to procure the murder of his wife, as not conducive to the child's welfare. The court ruled that the child should be in the custody of the mother based on the current circumstances. Jurisdiction of the Court: The court addressed the jurisdictional issue as the child was a British citizen born in England and held a British passport. The court highlighted the importance of the state with the most intimate connection to the issues deciding custody matters. It was noted that the English court had jurisdiction over the child's custody as the spouses had set up their matrimonial home in England, where the child was born. The court emphasized that jurisdiction should follow functional lines and should not be based on fortuitous circumstances like where the child is currently located. Welfare of the Minor Child: The court analyzed the welfare of the minor child in detail, considering factors such as the father's criminal conviction, the mother's income, and the environment in which the child would thrive. The court concluded that the child's best interest lay with the mother, given the circumstances and the care she could provide. The court highlighted the importance of the child's loving care and the unsuitability of the father's character for the child's upbringing. Conflict of Laws: The court delved into the conflict of laws issue, emphasizing that the English court had jurisdiction to decide on the child's custody. The court rejected the notion of allowing jurisdiction based on where the child was currently located, as it could lead to forum shopping. The court upheld the jurisdiction of the English court due to the intimate contacts the spouses had with England, where they established their matrimonial home and where the child was born. In conclusion, the Supreme Court ruled in favor of the appellant-mother, directing that the custody of the child be handed over to her. The court considered the welfare of the minor child as the paramount consideration, highlighting the unsuitability of the father's character for the child's upbringing. The court also emphasized the jurisdiction of the English court in deciding on custody matters due to the intimate connections the spouses had with England.
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