By Tanvi Mehta

The Supreme Court has stayed the Andhra Pradesh High Court’s decision in a custody battle over a four-and-a-half-year-old child. The High Court had awarded custody to the child’s father, a U.S. citizen and software professional, and allowed him to move the child to the U.S. The decision was based on the belief that relocating would benefit the child’s overall development and education. The child had been attending school in the U.S. until February 2023, after which he moved to India with his mother due to marital dispute between the parents.

The Andhra Pradesh High Court’s ruled in favour of the father and granted him the custody of his child and also gave him the permission to take the child to the U.S. The court’s decision was based on the reasoning that the child’s educational and developmental needs would be better met in the U.S.

The case reached the Supreme Court through a criminal special leave petition challenging the Andhra Pradesh High Court’s decision. The Supreme Court stayed the High Court’s order, granting the mother’s appeal and suspending the enforcement of the previous ruling. This decision was based on the mother’s affidavit, in which she pledged to move to the U.S. and secure the child’s admission to a reputable school there. She also pledged to the following: She has accepted a position at the Consulate General of India in San Francisco and has applied for U.S. citizenship. Furthermore, she also pledged to cooperate with the father regarding visitation rights and share financial responsibilities for the child’s welfare. The court’s stay is effective until further orders, maintaining the child’s custody with the mother for now.

This decision underscores the Court’s approach of prioritising the child’s best interests and ensuring that both parents fulfil their obligations in a manner that benefits the child. The stay also reflects the Court’s intent to carefully evaluate the circumstances surrounding the custody arrangement before making a final determination.

[Case: Lalitha Kumari Singaladevi Vs. Srinivas Ramineni ]

Click here to read/ Download the judgement.