Recently, while given the responsibility of keeping and taking care of the three and a half year old child to his father living in America, the Bombay High Court held that, child's prospects for a better future are more important than the parent's claim to love and care.

The father of the child, an American citizen by birth, had filed a petition in the High Court for his extradition.

A bench of Justices Revati Mohite Dere and Gauri Godse directed the mother to hand over the son to her estranged husband within 15 days who will take him to America. The woman had come to India from America with her child and from here she refused to go back and give the son to his father. The court has said that if the woman wants to live with the child, she will have to go to America, where the father will have to arrange accommodation and monthly expenses for the mother and son.

The bench said, the issue of handing over of any child is decided keeping in mind his best interests. Since the child is an American citizen, his best interests will be protected in his home country, America. This is a bigger truth than a parent's claim of love and good care of the child. Any child can achieve his fundamental rights, identity, needs, social strength, emotions and intellectual development in a better way by living in his own country.

No single guardian can claim that he can give the best future to his child and protect his interests. The child's parents got married on March 31, 2010 in Mumbai. After this he went to America in June 2010. He got a green card for permanent residence in America in October 2020. The child was born there in Texas on December 25, 2019.

A year later, in December 2020, the woman came to Mumbai with the child and told her husband living in America not to contact her. After this, the father filed a petition in the Bombay High Court for the return of the child, alleging kidnapping of the child.

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