Shimla, March 6 (UNI) Himachal Pradesh High Court has issued notice to the State Government on a petition concerning the alleged violation of an order passed by a court in the Commonwealth of Massachusetts, United States, relating to the relocation of a minor child to India.
The Commonwealth of Massachusetts is a New England state in the northeastern US.
The matter came up before the division bench of Chief Justice GS Sandhawalia and Justice Bipin Chander Negi through a criminal writ petition filed by the father of the minor.
The petitioner has alleged that the child was brought to India by the mother in contravention of the directions contained in a divorce judgment passed by the foreign court on January 20, 2023.
The petition that came before HC for hearing on March 2 contended that the court in the Commonwealth of Massachusetts had laid down specific conditions on the custody and relocation of the minor child. The petitioner contended that the child could not be moved to India without prior permission from the competent court.
Despite these directions, the child was allegedly brought to India by the respondent.
During the hearing, counsel for the petitioner submitted that the writ petition is maintainable in cases involving the custody and international relocation of minors. Reliance was also placed on the Supreme Court judgment in Yashita Sahu vs State of Rajasthan and Others (2020), which deals with issues concerning custody disputes and parental access rights.
It was further submitted before the court that the child, who is around 10 years old and described as a special child, is studying in Class IV at a school in Palampur in Kangra district of Himachal Pradesh.
The petitioner also alleged that despite regularly paying maintenance of 1,075 US dollars per month for the child’s welfare, he has been denied visitation rights.
In his petition, the father has prayed for appropriate directions to ensure compliance with the foreign court’s order, restoration of his visitation rights, and necessary directions to the authorities regarding the presence and custody of the minor.
The High Court issued notice to the respondents, including the Himachal Pradesh government, and listed the matter for further hearing on the next date on April 27, 2026.
