Parent shifting minor can't claim 'ordinary resident' for custody: Delhi HC

Parent shifting minor can't claim 'ordinary resident' for custody: Delhi HC

The appellant, Sunaina Rao Kommineni, an Indian-origin woman residing in the USA, lived with her husband, Abhiram Balusu, a Green Card holder employed in Arizona. The couple’s minor child, born in 2017 in the USA, is an American citizen. In November 2022, the family traveled to India for a vacation. However, during their stay, the wife retained the child in Delhi with the help of airport security and subsequently filed a custody petition under the Guardians and Wards Act, 1890. In response, the husband secured a custody order from an Arizona court in March 2023, directing the return of the child to the USA. When the wife failed to comply, he approached the Delhi High Court by filing a writ of habeas corpus. The Delhi High Court allowed the writ petition and directed the wife to return the child to the USA by 1st July 2025. It further instructed the husband to bear the travel expenses and provide monthly maintenance of \$2000. In the event of the wife’s non-compliance, the child was to be handed over to the husband for return to the USA.