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Indian Supreme Court Condemns Dubai Court's Travel Ban on Child in Custody Dispute

The court called the travel restriction a human rights violation, questioned the applicability of Sharia law, and prioritized the child's welfare in the ongoing case.

The court made the observations while hearing a habeas corpus petition filed by one Prince Richard, a Ghana national, who resides in Dubai, seeking custody of his minor son. (ANI PHOTO)

Overview

  • The Supreme Court of India criticized a Dubai Family Court's travel ban on a minor child, labeling it 'atrocious' and a violation of human rights akin to house arrest.
  • The court issued an interim order for visitation rights for the father, Prince Richard, with the next hearing scheduled for April 28, 2025.
  • Justices Surya Kant and N. Kotiswar Singh questioned the Dubai court's jurisdiction, noting that both parents are Christians married under India's Foreign Marriage Act, making Sharia law inapplicable.
  • The mother, who relocated the child from Dubai to India, alleged physical and emotional abuse by her estranged husband and argued that the travel ban was coercive and unlawful.
  • The Supreme Court emphasized the child's welfare as paramount and upheld the Karnataka High Court's decision to leave final custody decisions to the Bengaluru family court.