19. In the above-mentioned case the Supreme Court of India
further ruled that if an order of a foreign court is in the field the
domestic court would be guided by the following principles while
deciding whether an elaborated inquiry should be conducted or not:
“(a) The nature and effect of the interim or interlocutory order
passed by the foreign court.
(b) The existence of special reasons for repatriating or not
repatriating the child to the jurisdiction of the foreign court.
(c) The repatriation of the child does not cause any moral or
physical or social or cultural or psychological harm to the child,
nor should it cause any legal harm to the parent with whom the
child is in India. There are instances where the order of the foreign
court may result in the arrest of the parent on his or her return to
the foreign country. Arathi Bandi. In such cases, the domestic
court is also obliged to ensure the physical safety of the parent.
(d) The alacrity with which the parent moves the concerned foreign
court or the concerned domestic court is also relevant. If the time
gap is unusually large and is not reasonably explainable and the
child has developed firm roots in India, the domestic court may be
well advised to conduct an elaborate inquiry.”
Part Of Judgment
Lahore High Court
Criminal Proceedings
74048/19
2020 LHC 1172
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