Uttarakhand HC Appreciates the Effort Taken by Couple Regarding Custody of Their Child

Must Read

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Follow us

On 30th August 2020, a Single Judge Bench of Hon’ble Justice Sudhanshu Dhulia heard the case of Julia May Salo – Mani v. State of Uttarakhand via video conferencing.

Facts of the case

The petition was filed by Ms. Julia May Salo Mani where she alleged that she is a US citizen and had married Mr. Arpan Mani in India. Thereafter the two resided in USA and Thailand, and out of the wedlock, a child was born, namely, Master Liam. While the couple was residing in Thailand, the child was taken away, allegedly in a deceitful manner by the husband to India. 

This petition was filed by the petitioner with the following reliefs:

Issue a writ of Habeas Corpus, directed to the Respondent, for production of Master Liam before the Hon’ble Court. 

Grant custody of Master Liam to the petitioner, as both are lawful citizens of the United States of America, and as Master Liam was not authorised to reside in India beyond September 2020.

Issue a writ of Mandamus directing the Respondent for providing protection to the petitioner in order for her to visit Master Liam in Dehradun and take him into her custody.

Proceedings

The proceeding took place on three consecutive days:

28.08.2020

The Chief Judicial Magistrate, Dehradun was directed to ensure the presence of the respondent along with the child, namely, Master Liam in the Court premises of Dehradun on 29.08.2020 at 11:00 AM so as to interact with the child as well as the father through video conferencing. 

Since the petitioner was also in Dehradun, she was also directed to be present in the Court premises in Dehradun. 

Further the Chief Judicial Magistrate, Dehradun was directed that it was not a police case but a matrimonial case, so all due and necessary care should be taken care of while ensuring the presence of the petitioner, father/respondent, and the child Master Liam before the Court through video conferencing.

29.08.2020

Master Liam gave a clear answer to the Court that he would like to stay with both his parents and he is fond of both of them. Looking at the best interest of the child, the Court asked the parties to work out for a solution.

Ms. Julia May Salo Mani was allowed to take the child with her. It was decided that the child would stay with Ms. Julia May Salo Mani overnight. Further, the husband Sri Arpan Mani would also stay in the same campus, if Ms. Julia May Salo Mani had no problem with him staying in the same guest house. 

30.08.2020

The Court was informed that the two parties had a long and sincere discussion between them on the previous day. The mother i.e. Ms. Julia May Salo Mani had sincerely desired and expressed her wish to take the child with her to the USA, but in view of the Covid-19 pandemic situation and keeping the best interest as well as the safety of the child in mind, she conceded that, and purely as an interim arrangement, the child (Master Liam) should stay with his father in Dehradun. 

The petitioner Ms. Julia May Salo Mani, however, stated that she would make all possible efforts to return in December 2020, when the future of the child would be discussed between the parties. It was further made clear that the parties had not reached a final solution as to the custody of the child. The two had also reached an agreement that the parties would make every possible effort to have a conversation, through a virtual medium, as far as possible on daily basis, but in any case, positively at least twice a week.

Court’s Decision

The Court observed that there were no other cases between the parties and recorded that there was a sincere effort from both sides to work for a solution in the best interest of the child. 

This Court appreciated their effort and decided to list the case on 18.12.2020.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments of the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

More Articles Like This

- Advertisement -