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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
IRINA TANKHA – Appellant
Versus
ANIRUDH N. TANKHA – Respondent
| Table of Content |
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| 1. family court adjudication stems from parents' conflicting custody claims. (Para 1 , 3 , 5) |
| 2. claims of stability and safety weigh against a parent's foreign citizenship. (Para 6 , 8 , 10) |
| 3. best interests of the child necessitate consideration of parents’ circumstances. (Para 12 , 13 , 17) |
| 4. protection against potential jurisdictional loss is crucial for adjudicated custody. (Para 14 , 15 , 18 , 20) |
1. The present Appeal, under Section 19 of the Family Courts Act , 1984, is preferred by the Appellant against the Order dated 01.02.20251 passed by the learned Judge, Family Court, Patiala House Courts, New Delhi2, in Guardianship Petition No. 37/2024. The said Order is a common Interim Order passed by the learned Family Court in the Application under Section 12 of the Guardians and Wards Act , 18903, whereby the interim custody of the child was sought by the Respondent herein, as well as in Application filed by the Appellant herein seeking recall of Order dated 27.07.2023 read with Order dated 18.12.2023 whereby the Appellant was restrained from removing herself and the child out of India without seeking the Court’s prior permission.
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