BackLAW
MP HC Refuses to Send Girl to Canada; Foreign Court Order Not Binding
The Madhya Pradesh High Court in Indore refused a habeas corpus petition to send a 10-year-old girl to join her father in Canada, stating that the child’s welfare and best interests prevail over a foreign court order. The judges cited comity of courts but held it is not binding if enforcing it would harm the child, and noted the child's emotional attachment to her mother and her upbringing in Indore.
Why It Matters
Shows how Indian custody decisions prioritize a child's welfare over foreign judgments and emphasizes the limits of enforcing foreign court orders.
Timeline
2 Events
News report of High Court decision published
May 1, 2026
The article reporting the Madhya Pradesh High Court's decision refusing to send the girl to Canada was published.
High Court order: Welfare of the child prevails over foreign custody order
April 20, 2026
A division bench of Justices Vijay Kumar Shukla and Binod Kumar Dwivedi dismissed the habeas corpus petition seeking to send the 10-year-old girl to Canada and join her father, holding that in custody matters the child’s welfare and best interests are paramount. The court stated that while foreign court orders and comity of courts are relevant factors, they are not conclusive and cannot override the child’s welfare. It referenced the Ramayana and Valmiki’s hermitage to emphasize maternal guardianship, emotional security, and moral upbringing. The court observed the child had emotional attachment to her mother and was educated in Indore, considering her formative needs.