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Delhi Court backs Indian roots in U.S.-born child custody case
Court highlights child’s long stay, schooling, and social ties in India over foreign ruling
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Jeffin T. Kaleekal - Tue, 07, Apr 2026
- 04:05 EDT
- 14
Representative image / Pexels
The Delhi High court, while giving its verdict on the custody of an Indian-American child, has ruled that even though rulings made by the U.S. Superior Court have to be held in high regard, the child's welfare shall be kept as the primary concern.
The U.S. citizen child's custody was initially granted to the child's mother by a U.S. Superior court in May 2022, with the father allowed weekly supervised visits.
However, the mother moved to India in July 2022 and the father subsequently approached the Superior Court once again. The court ruled in favour of the father and awarded sole custody to him.
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The couple, both Indian citizens who were living in the United States, got married in 2011. Their daughter was born in the U.S. in 2015 and is an American citizen by birth.
In a landmark ruling, the Delhi High court, while hearing cross writ petitions concerning custody of the minor child and petitions challenging the U.S. Superior Court order, noted that in cases of child custody involving foreign citizens, the welfare of the child is the paramount consideration.
It also noted that foreign citizenship of the child or any orders issued by a foreign court cannot be regarded as decisive or conclusive factors.
The two judge division bench said in its order, "Merely because the child by birth is a citizen of USA or had stayed there for a few years as her parents were there, cannot alone be the determinative factor for determining the welfare of the child."
It added, "Similarly, the order of the Superior Court, though entitled to all due respect, cannot be the sole determinative factor for determining the welfare of the child, especially when a long period has since passed and the child has gained roots in India".
The court noted that the child is now 11-years-old and has therefore been living and studying in India for a long time and this has led to her forming deep ties in India.
Additionally, the court also showed concern over effectively forcing the mother to move to the U.S. by fulfilling the Superior Court order, saying, "We are also informed that both parents, that is, AK (mother) and PD (father) are Indian Citizens and have not yet acquired American citizenship. While PD has permission to work in USA, AK does not have such permission."
The division bench continued, "Therefore, directing the girl child to be taken back to USA will also mean forcing AK to travel back to USA along with the child, without having any assurance as to how long she can stay there."
The Delhi High Court dismissed petitions filed by both the parents and allowed them to approach Indian courts afresh for guardianship and custody matters under Indian law.
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