The Court further said that the interim custody in favour of the wife cannot be deemed to be an illegal one, as the order is still in operation. Moreover, it was noted that the principle of comity of courts, by which courts of one jurisdiction recognize the orders of courts of another jurisdiction, cannot override the best interests and welfare of the child.
“The remedy of writ of habeas corpus cannot be used for enforcement of an exparte order passed by the German Court, which was not in existence at the time when the son left Germany. No exceptional circumstances are made out by the husband to demonstrate that the son should be repatriated to Germany and in case, the son continues to stay with the wife in Bangalore, it would not be in the interest of the son,” the Bench opined.
Therefore, the Bench dismissed the husband’s plea, keeping in mind the best interests of the child.
Source: Barandbench
