A Ukrainian woman will be able to return home with her five-year-old son, following a recent decision by the Delhi High Court. The child was brought to India by his father, the woman's ex-husband, in March 2022 after the outbreak of the Russia-Ukraine war.
The woman traveled to India and filed a Habeas Corpus petition, a legal measure to bring a wrongfully detained person before a court. The court battle centered around custody rights and the child's well-being.
Ukrainian Mom Wins Custody Battle, Reunites with Son.
Court Recognizes Mother's Rights
The High Court upheld a previous family court order rejecting the father's guardianship petition. This decision was based on territorial jurisdiction, meaning the Indian court wasn't the appropriate venue for the case.
Prioritizing the Child's Best Interests
Despite the ongoing conflict in Ukraine, the court ruled that reuniting the child with his mother was in his best interests. The order grants the father supervised visitation rights for two months, followed by unsupervised visits.
This case highlights the complexities of international custody disputes, especially during wartime. The decision emphasizes the importance of considering a child's well-being while navigating legal jurisdictions.
