The bench of Justice Surya Kant and KV Vishwanathan made observations today in a case of custody of a girl child that "We ordinarily respect the Intental National Treaties but we are dealing with a human being, we are dealing with a four-year-old girl child and two parents".
The observation of the Supreme Court came in a dispute between husband and wife for the custody of their girl child. The wife is an Indian Citizen, Husband is a British Citizen and the child is a US Citizen.
Sr. Advocate Geeta Luthra assisted by Advocate on Record Mukul Kumar argued before the court that there is a decree of Singapore Court which gave joint custody of the child to both the spouses. After that, the wife shifted to India and refused to give custody of the child to the petitioner. The petitioner filed a "Heabeas Corpur" petition before the Hyderabad Court.
When Luthara insisted upon the court to consider the Singapore Court and also the Intentional Treaties, the Court requested the advocates of both sides to avail the Mediation through a retired judge of the Supreme Court based in Hyderabad.
The wife was represented through Caveat before the court through Advocate on Record Mohit Kumar Daraad.
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