The High Court of Gujarat has directed an elderly couple from Mehsana to go to the US to hand over the custody of their 5-year-old grandchild to their daughter who had immigrated illegally & settled there & could not return to India for now.
The woman had obtained an order from a US Court more than a year ago for the interim custody of the child who was sent back to India.
After the US court’s order, she moved to the HC in Gujarat to secure the boy’s custody. In Feb 2021, the HC had ordered the child’s paternal grandparents to hand over his custody to the maternal grandparents.
The mother was insistent on getting her son back & requested her lawyer to ensure he was sent to the US. So, the high court inquired with the lawyer whether the grandparents were able to travel to the US. When the lawyer informed them that the elderly couple have got passports, the high court on Monday asked them to apply for a US visa & to request the embassy to consider their application at the earliest.
This case involves a couple from a village of Mehsana district. They had immigrated to the US a few years ago without a valid immigration process. After they had a son, they sent him to India for proper care because they were facing difficulties in raising him. A year later, the couple’s relationship fell apart. The woman obtained the child’s custody rights till Aug 12, 2021, from a US court but could not return to India to get her son’s custody.
In India, the child was with the maternal grandparents for nearly two years. When the custody dispute arose in the US, the child was taken away by his paternal grandparents.
The High Court ensured that the child’s custody remained with maternal grandparents.
While insisting that the maternal grandparents should take the child to their daughter, the judges mentioned in order that the child is comfortable with them & it is preferable to send him to a foreign country with the grandparents instead of sending him with a stranger. Further hearing of the case is scheduled to take place three weeks later.
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