Child Welfare Overrides Cross-Border Custody Order from USA to India
Section 26 of HM Act – Order to bring child from USA to India
Child Welfare Overrides Cross-Border Visitation – Custody Order in US-Based Minor in India amid his immigration uncertainties.
The crux is that in cross-border custody disputes and visitation rights under Section 26 of the Hindu Marriage Act, the welfare of the child, his immigration stability and educational continuity in USA are paramount.
The Family Court passed an order under Section 26 of the Hindu Marriage Act, 1955, permitting the child to be brought from USA to India during matrimonial proceedings.
The Impugned Order has, however, overlooked the serious concerns arising from the change in the Appellant’s immigration status and the consequential impact on the minor child’s residence and immigration status in the USA. The material placed on record by the Appellant indicates that the minor child’s immigration status is linked to that of the Appellant, whose visa status is presently in transition consequent upon the completion of her academic programme and the commencement of employment in the USA.
Judgment dated 17.6.2026 of the High Court of Delhi in MAT.APP (F.C.) 204/2026 with connected matters.
