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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
Sara Bhayaraju – Appellant
Versus
State Of Telangana – Respondent
| Table of Content |
|---|
| 1. child's custody background and legal orders. (Para 2 , 3) |
| 2. details of domestic abuse and legal proceedings. (Para 4 , 6) |
| 3. respondent's arguments against the petitioner's claims. (Para 10 , 11 , 12) |
| 4. court's duty to balance foreign orders with child's welfare. (Para 37 , 38) |
| 5. final order and instructions of the court. (Para 39 , 41 , 42) |
ORDER
Heard Mr. Prabhjit Jauhar, learned counsel appearing on behalf of M/s.Anirudh & Associates for the petitioner, and Mr. Umesh Bhayaraju, party-in-person for respondent No.4.
3. According to the petitioner, she got married to respondent No.4 on 26.06.2019 and blessed with a child named Saatvik Gray Bhayaraju on 17.10.2019 in USA, thereby, making him an American citizen by birth. During a brief visit to India both the petitioner and respondent No.4 renewed their martial vows in a Hindu ceremony on 09.03.2020. Due to differences in their relationship, the petitioner filed a divorce petition and also sought for custody of the minor child before the Clark County Family Court Commissioner State of Wisconsin Court, Circuit Court vide Case No. 22 FA 106 on 02.12.2022. Subsequently, on 13.06.2023 the US Court granted joint legal cust
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
It does not connote place of origin or country in which minor has citizenship. It does not depend on duration of minor’s residence, but more on intention of person who has child’s lawful custody; whi....
The welfare of the child is the paramount consideration in custody disputes, with habeas corpus requiring proof of illegal custody and availability of remedies, which were absent in this case.
Custody of child – Welfare of child should be paramount consideration – What is wish/desire of child’ is different and distinct from question what would be in best interest of child.
The welfare of the child is paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
The custody of a minor child with the mother is presumed lawful, and the welfare of the child is the paramount consideration in custody disputes. The remedy of habeas corpus cannot be used to enforce....
Custody disputes should prioritize the best interests of the child, considering parental rights and the child's welfare in determining jurisdiction.
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