Delhi High Court Upholds Father's Interim Custody of Minor Amid Fleeing Concerns

Court prioritizes child's welfare over statutory parental rights in custody battle.

In a significant ruling, the Delhi High Court has upheld the interim custody of a minor child to her father, Anirudh N. Tankha, amidst concerns that the mother, Irina Tankha, might leave the country with the child. The decision was rendered by a division bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, following an appeal filed by Irina against an order from the Family Court at Patiala House Courts, New Delhi.

The case revolved around the custody of a minor girl born in Russia, holding a Russian passport, who has been residing in India since birth. The dispute arose after Irina, a foreign national, expressed her intention to return to Russia, raising apprehensions that she might permanently relocate with the child, thereby nullifying the jurisdiction of Indian courts.

Irina Tankha, who converted to Hinduism for marriage, alleged physical and mental abuse by Anirudh, leading her to leave the matrimonial home and seek refuge at various locations, including the Russian Embassy. The couple has been embroiled in legal battles, including a pending divorce petition filed by Irina.

The High Court emphasized the paramount importance of the child's welfare, noting that stability and societal roots provided by Anirudh outweighed the mother's lack of stable employment and intention to leave India permanently. Despite the general rule under Section 6 of the Hindu Minority and Guardianship Act, 1956, which favors maternal custody for children below five years, the court found exceptional circumstances warranting interim custody to the father.

The court also considered the potential impact on ongoing legal proceedings if Irina were to leave India, referencing recent cases where foreign nationals were assisted in fleeing Indian jurisdiction. The judgment highlighted the importance of ensuring the enforcement of court orders, particularly in custody matters where international boundaries could complicate legal resolutions.

While the interim order grants Anirudh custody, it safeguards Irina's rights by allowing video calls and weekend visitations in Dehradun. The court has directed Anirudh to provide housing and maintenance support for Irina should she choose to reside in Dehradun.

This decision underscores the Indian judiciary's focus on the child's welfare as paramount, even when balancing complex international legal considerations. The judgment serves as a precedent in custody disputes involving foreign nationals, emphasizing the need for stable environments for the child's growth and development.

Bottom Line:

Welfare of the child is of paramount importance in custody disputes, superseding parental rights under statutory provisions - Interim custody can be granted to the father in exceptional circumstances to ensure stability and best interests of the child.

Statutory provision(s):  

• - Hindu Minority and Guardianship Act, 1956 Section 6  
• - Guardians And Wards Act, 1890 Sections 7, 8, 9  
• - Family Courts Act, 1984 Section 19

Irina Tankha v. Anirudh N. Tankha, (Delhi)(DB) : Law Finder Doc Id # 2804305