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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
P. SAM KOSHY, J.
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.
2. The petitioner's minor son, Saatvik Gary Bhayaraju, born on 17.10.2019 is a US citizen and permanent resident since birth was illegally removed from the petitioner's custody and is currently in India with respondent No.4, the father. The petitioner is seeking the child's return to the USA citing orders dated 13.06.2023 and 23.04.2024 from the Circuit Court, Clark County, Wisconsin, USA, which directed the return of the minor child to US jurisdiction. Aggrieved by the same, the present writ petition is filed.
3. According to the petitioner, she got married to respondent No.4 on 26.06.2019 and blessed with a child named Saatvik Gray Bhaya
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.
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