Sharmila Velamur vs. V. Sanjay

REPORTABLE
2025 INSC 299

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION / INHERENT JURISDICTION

Criminal Appeal No. ____ / 2025
(Arising out of Special Leave Petition (Crl.) No. 17281 / 2024)

Sharmila Velamur ….Appellant(s)

Versus

V. Sanjay and Ors. ….Respondent(s)

WITH


Contempt Petition (C) No. 9 / 2025
(In Special Leave Petition (Crl.) No. 17281 / 2024)


JUDGEMENT
SURYA KANT, J.
Leave granted.
2. The controversy in this case revolves around the custody of Aadith
Ramadorai, a twenty-two-year-old citizen of the United States of
Signature Not Verified
America ( US ) who has been diagnosed with Ataxic Cerebral Palsy.
Digitally signed by
Deepak Joshi
Date: 2025.03.03
13:07:20 IST
Reason:
This tussle for custody has been elicited by Aadith Ramadorai’s
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parents—the Appellant and Respondent No. 4—both of whom are
also US citizens.
A. F ACTS

3. It is necessary to understand the factual milieu surrounding the
dispute before delving into the consequential legal issues.
3.1 To clarify the relationship between the parties, as previously
elucidated, the Appellant and Respondent No. 4 are Aadith
Ramadorai’s mother and father, respectively. Respondent No. 1 is
the Appellant’s brother, whereas Respondent Nos. 5 and 6 are
Respondent No. 4’s parents.
3.2 The Appellant and Respondent No. 4 got married in Chennai, India
on 09.07.2001, as per Hindu rites and customs. Subsequently,
they began residing together in Idaho, US and acquired US
citizenship in due course of time. They had two sons—Aadith
Ramadorai ( Aadith ), who was born on 06.06.2003, and Arjun
Ramadorai ( Arjun ), who was born on 13.03.2005—from the
wedlock. Both the children are US citizens by virtue of their birth
and their parents’ citizenship. These children were born with
intellectual and developmental disabilities. Aadith has Ataxic
Cerebral Palsy, while Arjun has Autism Spectrum Disorder.
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3.3 During their marriage, certain irreconcilable differences arose
between the Appellant and Respondent No. 4, prompting them to
dissolve their marriage by mutual consent through an order dated
12.09.2007, passed by the District Court of the Fourth Judicial
District, State of Idaho, US ( Idaho Court ). While dissolving the
marriage, the Idaho Court awarded joint legal and physical custody
of the sons, as they were minors at the time. The Idaho Court
established the terms of joint custody as follows: ( i ) Respondent No.
4 would have physical custody of the sons every week from 8:00 am
on Friday to 8:00 am on Monday; and ( ii ) the Appellant would have
physical custody of the sons every week from 8:00 am on Monday
to 8:00 am on Friday. The Idaho Court divided all holidays equally
amongst the parents and further directed them to not disparage
each other in the midst of their sons, teachers, care providers, and
medical providers. Additionally, neither party was directed to pay
child support to the other. Lastly, in furtherance of these
directions, the Idaho Court vide Clause 13 of the Supplemental
Custody Order expounded that, “ Neither parent shall move the
children’s residence to a place which will make the ordered
custody and visitation schedule impractical or significantly
more difficult or expensive without prior written consent of
the other parent or an order of the court .”
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3.4 Thereafter, in June 2022, following a visit in terms of the Idaho
Court’s custody arrangement, Respondent No. 4 brought Arjun
back to the Appellant’s home, whereas Aadith continued to reside
with Respondent No. 4. It is pertinent to note that by this time,
Aadith had already attained majority. This led the Appellant to file
a Guardianship Application before the Idaho Court on 30.06.2022,
seeking full and permanent legal guardianship over Aadith. In
response thereto, Respondent No. 4 filed a Counter-Petition before
the Idaho Court on 17.01.2023, contending that Aadith was
sufficiently capable and did not require a permanent guardian.
3.5 In due course, during a preliminary hearing on 04.01.2023 before
the Idaho Court, the parties' attorneys laid down mutual terms for
them to adhere to until the conclusion of the proceedings. These
terms included: ( i ) meeting with the Health and Welfare Committee
within 45 days; ( ii ) sharing Aadith’s address, phone number, and
email address with the Appellant; ( iii ) allowing regular in-person
contact between the Appellant and Aadith, subject to his comfort
level; and ( iv ) providing advance notice and written itineraries for
any foreign travel arrangements involving Aadith, which would be
discussed by the parents jointly.

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3.6 As per the terms mentioned above, the Appellant and Aadith were
scheduled to be interviewed on 17.05.2023 by the Evaluation
Committee of the Idaho Department of Health and Welfare (West
Hub Developmental Disabilities Program) ( Evaluation
Committee ). The Evaluation Committee’s findings revealed that
Respondent No. 4 and Aadith refused to attend the
interview/meeting. A report based on the Evaluation Committee’s
findings was sent to the parties and the authorities. Soon after,
Respondent No. 4 brought Aadith for his in-person interview with
the Evaluation Committee. Accordingly, an addendum dated
25.10.2023 was issued, marking their presence, and concluding
that Aadith required guardianship.
3.7 In the interregnum , mediation sessions were scheduled to be held
between the parties. However, during this period, the Appellant
discovered that Respondent No. 4 and Aadith had left the US to
visit Respondent Nos. 5 and 6 in Chennai, India. This rendered the
Appellant entirely unaware of their travel and return itinerary.
Therefore, she was unable to maintain regular contact with her son.
3.8 While these developments were materialising, parallelly, the Idaho
Court appointed the Appellant as Aadith’s temporary guardian on
10.01.2024. Against this backdrop, investigations conducted by
the US Federal Authorities and the Idaho District Authorities
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revealed that during the pendency of the proceedings, Respondent
No. 4 obtained Aadith’s passport and left the US on 31.12.2023.
On arriving in India, they began residing in Chennai with
Respondent Nos. 5 and 6.
3.9 By virtue of this, the Appellant, on 31.01.2024, filed an online
police complaint with Respondent No. 2. She then authorized her
brother, Respondent No. 1, to act on her behalf to retrieve custody
of Aadith. Thereupon, on 05.02.2024, the Appellant lodged a
complaint with the NRI Cell in Chennai. In furtherance thereto, the
Police Authorities in Chennai were able to retrieve Aadith’s
passport number, along with the last known address and contact
details of Respondent Nos. 5 and 6. However, Aadith and
Respondent Nos. 4 to 6 remained untraceable.
3.10 Concurrently, in the guardianship proceedings pending before the
Idaho Court, an Emergency Order came to be passed on
22.02.2024, directing Aadith to return to Boise, Idaho within 72
hours. When this direction was not followed, the Idaho Court
proceeded to decide the Guardianship Application in favour of the
Appellant, consequently appointing her as Aadith’s full and
permanent guardian on 09.04.2024. This order was passed after
duly hearing parties’ testimonies; and after reviewing the report
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dated 17.05.2023 and addendum dated 25.10.2023 issued by the
Evaluation Committee.
3.11 Despite the decree passed by the Idaho Court, Aadith’s
whereabouts remained unknown to the Appellant. This prompted
the Appellant to file H.C.P. No. 886/2024 before the High Court of
Judicature at Madras ( High Court ) through Respondent No. 1, inter
alia praying for the issuance of a Writ of Habeas Corpus directing
Respondent Nos. 2 and 3 to retrieve custody of Aadith from
Respondent Nos. 4 to 6 and to handover his person to Respondent
No. 1.

3.12 During the proceedings, the High Court interacted with Aadith
and posed multiple questions to him. Based on the answers
tendered, the High Court, vide its judgment dated 09.08.2024,
primarily determined that there was no illegal detention because:
( i ) Aadith was capable of understanding the questions posed by the
High Court; and ( ii ) He was happy and willing to reside in Chennai
with his father and his paternal grandparents ( Impugned
Judgement ). On 09.09.2024, the US Consulate General, Chennai
revoked Aadith’s passport.
3.13 Thus, aggrieved by the High Court’s decision, the Appellant
preferred the instant appeal.
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3.14 This Court, in the course of this appeal, passed the order dated
16.12.2024, issuing certain interim directions: ( i ) Respondent No.
4 was directed to facilitate video calls between the Appellant and
Aadith in the evening between 7:00 pm and 9:00 pm IST. The call
duration was to be for a maximum of 30 minutes; ( ii ) Upon the
Appellant’s arrival in India, Respondent No. 4 was directed to
handover temporary custody of Aadith to her; ( iii ) While Aadith was
under the temporary custody of the Appellant, she and Respondent
No. 4 would ensure that he gets his medical treatment regularly
and preferably, in adherence with the recommendations of
specialists in the US; ( iv ) Respondent No. 4 was permitted to
contact Aadith daily while he was under the temporary custody of
the Appellant; and ( v ) The Appellant and Respondent No. 4 were
directed to consult the best doctors in Chennai for continued
treatment of Aadith.
3.15 In the meantime, Aadith, in a purported exercise of his own free
will, filed two interlocutory applications in the instant appeal. They
are I.A. No. 301117/2024 and I.A. No. 301051/2024, seeking to be
impleaded in the matter and seeking directions to keep the order
dated 16.12.2024 in abeyance till 07.01.2025, respectively. These
applications were accompanied by signed affidavits, stating that
Aadith was fully conversant with the facts and circumstances of the
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case and that the applications had been prepared in consonance
with his instructions.
3.16 Simultaneously, being dissatisfied by Respondent No. 4’s non-
compliance with the order dated 16.12.2024, the Appellant
preferred the captioned Contempt Petition. She sought to allege
that despite the clear instructions enumerated in the order dated
16.12.2024, the Appellant was not allowed to interact with Aadith
on video call. Further, upon her arrival in Chennai, Respondent No.
4 refused to hand over temporary custody of Aadith. In fact, he
ceased all communication with her. When the Appellant arrived at
their flat on 24.12.2024, she was permitted to interact with Aadith
for roughly 30 minutes, forcing her to cut short her time with her
son and leave the flat without obtaining temporary custody of
Aadith.
3.17 Respondent No. 4 brought Aadith for medical assessment to the
Institute of Mental Health, Kilpauk in Chennai on 25.11.2024. On
Respondent No. 4’s request, Aadith was examined and an
Observation Report was prepared, which recorded as follows:
“Mr. Aadith Rajson Ramadorai 21 years, male was
registered in the Institute of Mental Health, Chennai – 10
on 25.11.2024. He was subsequently examined on
29.11.2024, 02.12.2024 and 09.12.2024 at his request
and the request of his father.
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Detailed history was obtained from his father. Physical
examination, mental status examination and
psychological assessment were done. He has a history
of developmental delay since childhood. On
psychometry, he has an Intelligence quotient (IQ) of
54, which is suggestive of mild intellectual
disability (50% disability) .
He is able to do simple work on instructions. He is able to
travel to familiar places alone. He is capable of living with
the assistance of his family members. He will require
support for making major decisions in life like
property management .”

3.18 Subsequently, this Court, vide order dated 08.01.2025, directed
that Aadith will reside with his younger brother, Arjun, and the
Appellant in Bengaluru, during the pendency of these proceedings.
Respondent No. 4 was permitted to visit and interact with his sons
for 3 hours every day. Further, the Appellant and Respondent No.
4 were directed to take the sons for medical assessment to the
National Institute of Mental Health and Neuro Sciences
( NIMHANS ), Bengaluru, arguably one of the best institutes in the
country. The doctors at NIMHANS, Bengaluru were requested to
give their expert opinion as to whether Aadith is in a position to
make independent decisions. The report so prepared was ordered
to be submitted before this Court in a sealed cover.
3.19 It seems that the parties substantially complied with the order
dated 08.01.2025, particularly the directions concerning custody,
as Aadith has been residing with his younger brother and the
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Appellant in Bengaluru ever since. In continued compliance with
the above order, Aadith and his brother were brought to NIMHANS,
Bengaluru on 13.01.2025 by their parents. They were duly
admitted as in-patients on 14.01.2025.

3.20 From 17.01.2025 to 29.01.2025, Aadith was examined by the
Department of Clinical Psychology at NIMHANS, Bengaluru. He was
administered 7 tests namely, the Vineland Social Maturity Scale
( VSMS ), the Vineland Adaptive Behaviour Skills – 3 ( VABS ), the
Wechsler Adult Intelligence Scale – IV India Edition, the Binet
Kamat Test of Intelligence ( BKT ), the Comprehension Subtest from
Malin’s Intelligence Scale for Indian Children ( MISIC ), the Theory
of Mind/False Belief Tests ( Anne and Sally Test; Matchbox Test ),
and the Delayed Discounting Task. The test findings are
reproduced below:
“SOCIAL AND DAILY ADAPTIVE FUNCTIONS
Vineland Social Maturity Scale (VSMS)
The VSMS was administered to assess his socio-adaptive
functioning. The patient’s social age was found to be
7 years, which corresponds to an SQ of 47, which
suggests Moderate level of disability in current
socio-adaptive functioning, corresponding to 75%
disability . As Mr. Aadith has motor disabilities and that
would have affected his overall VSMS score, an attempt
was made to adjust the score by removing the scores
related to motor components from VSMS. This showed his
score as 53 (Impairment-adjusted SQ); which indicated
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Moderate disability in socio-adaptive functioning
according to the VSMS score classification of revised
Gazette of India notification. However, the gazette
notification was mainly for intact VSMS score (i.e. not for
Impairment-adjusted SQ). Hence, the interpretation of
Impairment-Adjusted SQ to be done with caution.
It should be noted that VSMS is standardized in India
several decades ago and might not adequately reflect his
current level of socio-adaptive functioning, for mainly 2
reasons. One the patient is born and brought up in the
US, and that the standardization was done long time ago.
However, the limitations if has an influence would have
caused their score to inflate, rather than bring down.
Despite these limitations, his scores still showed that he
has Moderate level of disability in social and adaptive
functioning.
Vineland Adaptive Behavior Scale – 3 (VABS – 3) –
Comprehensive Form
The VABS-3 test was administered to assess his adaptive
behavior. The patient obtained a standard score of 38 on
the Communication domain, and 47 on the domain of
Daily Living Skills, both suggestive of deficits of
‘Moderately low’ level in these domains. His ability on the
domain of socialization showed significant disability as
well as a sub-domain scatter, where his coping skills
related to social domain was significantly lower
compared to the other domains of socialization such as
interpersonal relationships, play and leisure. He
obtained a total sum of domain standard scores of
100 corresponding to an Adaptive Behavior
Composite (ABC) of 34, suggestive of ‘Low’ level of
Adaptive Behavior on the current assessment .
INTELLIGENCE TESTS:
Binet Kamat Test of Intelligence (BKT)
On BKT, the patient’s basal age and terminal age were
found to be 6 years and 14 years respectively. His
prorated mental age obtained is 10 years. His prorated
intelligence quotient (IQ) is 63, indicating Mild level
of disability in intellectual functioning .
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Similar to VSMS, BKT has been standardized in Indian
Population, several decades ago and intelligence value
obtained is through ratio method. Considering this, the
obtained IQ can be said as an inflated value, given that
Mr. Aadith has been born and bought up in USA. Despite
this, he has obtained a prorated IQ of 63, which is
in the Mild Intellectual Disability range .
INDIA
Wechsler Adult Intelligence Scale IV Edition
INDIA
(WAIS-4 )
INDIA
On WAIS-4 , his Verbal Comprehension Index Score
was calculated to be 75. The perceptual Reasoning Index
was 53, the Working Memory Index (WMI) was calculated
to be 47, and the Processing Speed Index was 45. This
yields a full-scale IQ (FSIQ) of 53. This score falls in
INDIA
the range of Mild Intellectual Disability . WAIS-4
as the name implies is standardized for Indian
population. However, given the norms differences
between Indian and US population, the obtained scores
by Mr. Aadith if referred to Indian norms will yield a
higher score, compared to US norms. It should be noted
that despite this, his score is in the Mild Intellectual
Disability range .
Malin’s Intelligence Scale for Indian Children
(MISIC) – Comprehension Subtest
On the MISIC subtest of Comprehension, the patient
obtained a raw score of 05, corresponding to a test
quotient of 62, indicating Mild levels of disability in
comprehension . Again, relatively similar to in VSMS and
INDIA
WAIS-4 , the MISIC is for children up to the age of 16
years and the norms are for Indian children. Despite this
his score is in the disability range.
PERSPECTIVE TAKING and DECISION MAKING:
Theory of Mind/False-Belief Tests
Theory of mind was tested using Anne and Sally test
False-Belief – Matchbox test.
The patient performed poorly on both Anne and Sally and
Matchbox tests, where he could not attribute mental
states (beliefs, intents) to others. That is, on test, he
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spontaneously, did not view that the others have
their own thoughts/beliefs independent of himself .
Delay Discounting Task:
Delay Discounting Task primarily assesses decision
making and impulsivity. In this task Mr. Aadith
performed poorly in the second trail itself, where he
preferred significantly smaller reward –
immediately, forgoing significantly larger reward –
at a delay of one month . For example, when presented
with the patient a hypothetical scenario of choosing
between 10 INR now or 100 INR after a month, he said
100 INR after a month. However, with the follow-up
questions of choosing 20 INR now or 100 INR after a
month, he answered 20 INR now. He could not answer
the subsequent questions and had difficulty
understanding the value of money.
COMMENTS ABOUT INDEPENDENT DECISION
MAKING:
 Decision Making for Daily Living Activities:
As observed on VABS-3 and VSMS, the patient is
capable of carrying out basic daily activities, such
as brushing his teeth with an electric toothbrush,
adjusting water to the appropriate temperature for
bathing, and selecting suitable clothing based on
the weather. He can also spread sauces or jam using a
table knife, change clothes with large buttons, put on
shoes without laces, and use certain kitchen appliances,
such as bread toaster and a microwave oven, under
supervision.
However, he struggles with independent self-care
when left alone and has difficulty performing more
complex tasks. He faces challenges using a manual
toothbrush, handling a knife to cut fruits, and
independently seeking medical attention as needed.
Additionally, he would have difficulty operating
household appliances safely, such as a vacuum
cleaner, iron, or power tools.
While he is able to tell time using the digital watch, he
struggles with reading an analog clock. Furthermore, he
has difficulty exercising discretion and judgment in
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higher-level activities, such as traveling alone to
unfamiliar places or setting and achieving long-
term goals that require planning over two years or
more.
Impression: Independent Decision-making ability is
adequate for basic activities but inadequate for
higher-level activities.
 Decision Making for Financial Safety:
When asked to make payments or explicit purchases, the
patient shows responsibility with a small amount of
money. He is careful about this and uses it as directed.
However, he has not able to make independent
decisions with regard to monetary aspects in
relatively higher values.
He has also been observed to have difficulty
differentiating currency values and providing the correct
change. When asked which currency had a higher
value, 100 INR or 500 INR, he chose 100 INR. The
same error was observed when questioned about US
currency. Additionally, he struggled with basic
mathematics, such as addition and subtraction. For
instance, when given a scenario where 50 INR was spent
on ice cream, and 100 INR was handed to the
shopkeeper, he could not determine the correct return
amount. He also had difficulties performing similar other
simple, mental calculations of verbal in nature, involving
two-digit numbers about subtraction, multiplication, and
division.
Financial safety and related aspects were to have
significant deficits.
Impression: He cannot make independent decision
in financial aspects.
 Decision Making for Socialization:
On VABS-3, it was observed that the patient can
recognize emotions and express his feelings through
words. He shares toys and possessions voluntarily
without being prompted and takes turns naturally while
playing games or sports. Additionally, he can join a group
when verbal and nonverbal cues indicate he is welcome
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and adjusts his behaviour to avoid disturbing others
nearby.
However, he struggles with playing complex games that
involve rules and has difficulty imitating intricate actions
hours after observing them, such as shaving, vacuuming,
or hammering nails. He also faces challenges in
modulating his speech appropriately in terms of loudness,
speed, and excitement to match the conversation.
Engaging in discussions on topics that do not interest him
is difficult, as is initiating conversations by discussing
subjects relevant to others. He also struggles to pick up
on indirect cues or hints in conversations and has
difficulty providing additional explanations to ensure his
message is understood.
Furthermore, he would have difficulty planning activities
that require coordinating multiple elements, such as
organizing a birthday party or a group outing. He also
lacks the ability to navigate social situations
safely, such as going out with peers in the evening
without supervision, social media, and identifying
harmful relationships or situations. This includes
difficulty avoiding or exiting situations where he
might be bullied, coerced into illegal activities, or
taken advantage of sexually or financially.
Impression: Independent decision making in simple
social and close group/family/home aspects is
adequate, but anything beyond is inadequate.
 Decision Making for Occupation:
It was observed that the patient can sometimes
complete routine household tasks when instructed,
use basic tools or utensils, and draw simple shapes
and objects with pencils or crayons.
However, he would have difficulty engaging in
small remunerative work , such as making simple
garments, performing minor repairs, taking the initiative
in occasional tasks like housework, or assisting in child
care. Additionally, he would struggle with creative
activities, including making useful items, raising pets,
writing simple stories or poems, or creating basic
paintings.
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He also faces challenges in performing responsible
routine chores appropriate for his age, such as
assisting with household tasks, caring for a
garden, cleaning a car, washing windows, setting
the table, or fetching water. Furthermore, as
observed on VABS-3, he would have difficulty
maintaining a job for at least one year, even if it
required only 10 hours of work per week.
Impression: Decision-making in very basic
occupational skills is adequate and beyond that it
is inadequate.
OVERALL IMPRESSION:
Considering his intellectual disability, which is at
the Mild disability level, and all the other findings
mentioned above as well as considering his
spontaneous verbalizations mentioned above; we
are of the opinion that Mr. Aadith is functioning at
the level of about 8 to 10 years old child in general.
Given this, any complex decisions that exceeds the
capacity of an 8-to 10-year-old, he would not be able
to make informed decisions by himself; and even if
he makes, those decisions would be made without
considering all the options and repercussions that
come with decision making. ”


3.21 During his stay at NIMHANS, Bengaluru, on 22.01.2025, the
Department of Speech Pathology and Audiology assessed Aadith’s
speaking abilities. Their findings, as enumerated in the
handwritten report, are as follows:
“ Phonology:
 Omission of [‘l’] in initial, medial, and final position.
 Substitution of [‘l’] with [‘r’] in initial, medial, and final
position.
 Substitution of [‘t’] with [‘s’] in initial, medial, and final
position.


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Morphosyntax:

 He uses simple, compound sentence structure in
sentences and in conversation.
 He consistently uses morphological markers such as
bound morpheme, inflectional morpheme, free
morphemes.
 He uses suffix, prefix to change tense.

He uses singular and plurals in sentences and in
conversation.
 He compares and contrasts.

He uses verbs to nouns in conversation and sentences.
 He uses adjectives to describe objects.
 He uses negations in the form of ‘No’.
 He can formulate questions (what, who, where).
 He uses conjunction in conversations, sentences.

 He produces errors in free sentences.
 He uses time formation such as past tense, future
tense.

He uses singular possessions and plural possessions
in conversation and in sentences.
 He uses adverbs (here, there).

He uses affixes (ing format to describe).

Semantics:

He understands abstract words.
 He understands meaning of words based on context
and interprets multiple meanings.
 He understands idiomatic expression.
 He understands sentence structure to interpret.

He can understand simple meaning from a story but
has difficulty in understanding complex meanings.
 He can understand jokes and reacts to it.

He has difficulty in understanding figurative language.
 He has difficulty in understanding inference from a
complex scenario when given.
 He had difficulty in understanding complex false
beliefs and assumptions.

 He has difficulty in understanding complex synonyms,
antonyms.
 He can answer to simple ‘wh’ questions but has
difficulty in answering complex ‘wh’ questions.


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Intelligibility: AYJNIHH rating scale level 02.
Impression: Inadequate speech and language and
developmental dysarthria 2° IDD & CP.

Advice:
 Speech and language intervention.
 Attend DT session in department.
 Counselling.
 Follow up during next visit to NIMHANS on
Mon/Tue/Wed/Fri @ 8:30 am.”


3.22 On 03.02.2025, the Department of Clinical Psychology
administered the Thematic Apperception Test ( TAT ) to Aadith, to
assess his understanding of interpersonal relationships. The
findings of this test are reproduced below:
“ Behavioural Observations:
The patient came to the interview willingly. His attention
could be aroused and sustained. Patient was cooperative
and interested in the testing throughout the session. He
was able to comprehend the instructions adequately.
Summary of Test Findings:
The patient’s stories were reasonably imaginative
content. Although he described what was given in the
pictures he was able to attribute thoughts and feelings to
the characters. The predominant theme that emerged
from the stories was one of a family unit enjoying various
activities together such as eating, going for a hike,
planning a feast in others' home or inviting guests over.
The stories also indicated how one has to learn and
behave during various interpersonal conflicts. He showed
good problem solving skills such as adequate
communication with others during conflicts, rethinking
one’s actions and consequences.”

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3.23 Thereafter, on 05.02.2025, the Department of Psychiatric Social
Work prepared the Psychosocial Assessment Report after studying
parameters such as Aadith’s living arrangements throughout the
years, his education, training, occupation, and future plans.
Further, exhaustive interviews were conducted with the Appellant
and Respondent No. 4, individually, to determine their perspectives
on parenting, expectations from Aadith, plans for his future, and
opinions about the other parent. The findings are extracted as
follows:
“ Upbringing and living arrangements: From birth to 2
years of age, the client lived with his parents in Boise
City, Idaho, U.S., till their separation in 2005. From 2005
to 2007, as per the temporary orders by the Idaho court,
the client and his younger brother stayed with their father
for one whole week in a month, while the remaining 3
weeks were spent with their mother. After the parents’
divorce in 2007, the living arrangement changed; the
children would stay with their mother from Monday to
Thursday, and their father from Friday to Sunday, and
both houses were 5 to 7 miles apart. The vacations were
equally spent with both parents separately, taking into
consideration the father’s nature of the job. This practice
continued till 2017-2018, after which the mother
requested an alternative week arrangement and thus,
from 2018 to 2021, the client and his younger brother
stayed with each parent on alternate weeks of the month.
During their stay with the father, he took care of all the
needs of the children by himself including supervision,
feeding and self-care, while the mother had assistance
with the same. The mother reported that both children
were cared for by the father, and she didn’t notice any
behavioural changes in the client during their stay with
the father. Up to 2019, both parents had equal joint
custody, physical and legal custody of the client. In
2019, Idaho court granted the mother the legal
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custody of both children while both parents shared
the physical custody till 2021 when the client
became an adult.
The client and his younger brother stayed with
their mother from 202l to 2022, when the father
returned to India to care for his parents, which the
mother was also aware of . The father came back to the
U.S. in 2022 to meet the client and his brother; the client
lived with his father independently from 2022 to 2024 in
the U.S. In January 2024, the client came to India with
his father to stay with his grandparents and lived here
since then.
Education: The client started schooling at the age of 5
years. From the beginning, he followed the Individual
Education Plan (IEP). The client attended an
integrated school with special schooling and
standard classes. From middle school onwards, the
client attended classes under the supervision of a
special educator. He completed his 12th class and
diploma in 2022 instead of 2021 as his mother decided
to extend the training for individual living skill training
and job skill training.
Training attended: The client attended the Infant-
Toddler Programme for 3 years (birth to 3 years of age),
followed by training in the Head Start programme till 5
years of age. These programmes were provided mainly to
address the client’s developmental delay and physical
difficulties. In addition to the special training and
physical therapy, speech therapy, and occupation
therapy from his school, the client also attended
professional handwriting training at home (Handwriting
without Tears programme) for 3 years during elementary
schooling, physical exercise in parks and once a week
half-day social skill training through exposure to social
gatherings from 2017 onwards, which his mother
supervised. During the client’s stay with his father, the
client was informally trained by his father on quick loop-
back therapy, a form of physiotherapy for 5 years. In
addition to that, the father would take the client for 1 to
2-mile walking. From 2013 to 2017, under a club, the
client was trained in swimming and physical activities to
gain strength and gait training.
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Occupation: The client worked for one year as a Patient
Coordinator at a dental clinic in North Carolina, which
had been owned by his paternal aunt. Following this, the
client did a six-month internship as a Hospitality worker,
during which he travelled alone using a special
transportation service arranged by InReach. The client
attended Skill-based vocational training for 3 months in
India under the Department of Adult Independent Living
at the National Institute for Empowerment of Persons with
Multiple Disabilities, Chennai. During all these periods,
the client maintained good relationships with his
colleagues and clients, and there were no complaints
against him.
Citizenship and related concerns: The client is a U.S.
citizen by birth and was registered with the Overseas
Citizen of India (OCI). The OCl certificate was issued on
29.03.2011, allowing the client multiple entries to India
for a lifetime.
Plan: During the client’s stay in the U.S., he visited India
five times and stayed in India for a total of 1 year and 6
months. The client reported that he wishes to stay
and spend time with his younger brother, complete
his independent living skill training, and start his
own business in the U.S .
Observations
 Both parents have expressed willingness to provide the
client with emotional, physical, and financial support
throughout his future.
 Both parents have a stable support system, including
financial and physical resources.
● Both parents have concerns regarding the client’s care
given to the opposite parties.
● Both parents blamed the other and believed the other
party could not care for the client.
● The father criticised the mother as having mental health
concerns and unable to care for the children
independently. At the same time, the mother portrayed
the father as emotionally weak and attempting to impose
faith-based practices on the client.
● The father believes the client has reached an age-
appropriate level of development and is legally an adult,
eliminating the need for custodianship.
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● The mother reports that the client has difficulties
performing specific tasks and may require assistance
with decision-making, necessitating guardianship.
● The mother is willing to accept the father as a co-
guardian.
● The client is more comfortable with the U.S. and
wants to start working there. He had stayed in
India for less than 2 years and had difficulty
understanding and speaking the local language.
However, the client had no difficulty in staying in
India.

Interpretations
● Both parents are concerned about the client’s future and
are willing to support him and assist in enhancing his
quality of life. However, their interpersonal relationship
issues with each other and unhealthy communication
create different opinions regarding the client’s future.
● The differences in the parents’ preferences for the client’s
autonomy further led the parents to have different ideas
about how the client should live his life and make
decisions.

● Both parents are also worried they will lose their
importance as parents if the other party gets the client’s
guardianship.
● Though the client was comfortable staying in India,
he wishes to return to the U.S. and start working
there. Both parents want the client to live freely and
as per his wish, regardless of where he wishes to
stay.

Recommendations
● Parents are recommended to attend parenting skills
training by a qualified family therapist at least twice a
month, in-person or online.
● If parental conflicts continue, the client should be
offered supervised care by a recognised institution
in the U.S. to focus on building independent living
skills and autonomy of the client as he wishes to
live in the U.S. in the future.
● The focus of the care has to be on nurturing the skills and
autonomy of the client in an environment where he feels
comfortable and familiar.”

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3.24 Finally, after completing all the assessments, on 06.02.2025,
NIMHANS, Bengaluru prepared the Comprehensive Assessment
Report based on a thorough review of past medical records and the
various assessments conducted by different departments of
NIMHANS. They assessed: ( i ) the Eligibility Reports for Specialized
Education and Progress and the Evaluation Assessment Reports
from 2015 to 2022 issued by the West Ada School District, Idaho,
US; ( ii ) The report dated 17.05.2023 and the addendum dated
23.10.2023 prepared by the Evaluation Committee; ( iii ) The Patient
Summaries from 2003 to 2005 issued by St. Luke’s Regional
Medical Centre, Boise, Idaho; ( iv ) The Observation Report dated
11.12.2024 issued by the Institute of Mental Health, Kilpauk,
Chennai; and ( v ) The assessment reports issued by various
departments of NIMHANS, Bengaluru. The relevant extracts of the
Comprehensive Assessment Report are reproduced below:
1. “ Salient Points from the Available Past Records
At birth, Mr. Adith Ramadorai had complications,
including delayed cry and neonatal seizures. These
complications resulted in delayed achievement of
developmental milestones. He has been diagnosed with
Intellectual Disability and Other Specified
Neurodevelopmental Disorder associated with Cerebral
Palsy in the United States. His full-scale IQ composite
score of 53, which places him in the “very low range
of cognitive ability”. He has exhibited significant
cognitive limitations, including deficits in spatial-
perceptual reasoning, conceptual reasoning,
knowledge retention, and recall ability.
24 | P a g e

He was also evaluated in the Institute of Mental Health,
Kilpauk, Chennai and diagnosed with Mild Intellectual
Disability with an IQ score of 54 with 50% disability.

2. Comprehensive Medical Assessment
The assessments corroborated the earlier diagnoses of
Ataxic Cerebral Palsy and Disorder of Intellectual
Development, Mild. Additionally, relevant laboratory and
clinical investigations were carried out. His genetic testing
reports are awaited.
The psychological assessments included the Vineland
Social Maturity Scale (VSMS), Vineland Adaptive
Behaviour Skills (VABS), Wechsler Adult Intelligence
Scale - IVth Edition, Binet-Kamat Test of Intelligence
(BKT), comprehension subtest from Malin's Intelligence
Scale for Indian Children (MISC), Theory of Mind/False
Belief Test, and Delayed Discounting Task. The results
indicated that Mr. Aadith Ramadorai falls within
the category of Mild Intellectual Disability, with an
overall functioning level equivalent to that of an 8
to 10 year old child.
The Thematic Apperception Test (TAT) revealed that Mr.
Aadith Ramadorai exhibits imaginative thinking, with
adequate production of themes that may be understood
psychodynamically as wishful thinking in the
background of the realities of parental separation and
existing family dynamics.
The psychosocial assessment highlighted that both
parents are concerned about Mr. Aadith Ramadorai’s
future and are committed to supporting and enhancing
his quality of life. However, their interpersonal conflicts
and communication patterns result in differing and often
contradictory choices presented before Aadith, who has
limitations in cognitive and intellectual capabilities to
reconcile and resolve such differences.
The occupational therapy evaluation indicated that Mr.
Aadith Ramadorai has limited functional abilities,
impaired hand function, motor incoordination, and
dependency on others for activities of daily living. Gait
and balance training have been recommended to improve
his mobility.
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The speech and language assessment determined that
Mr. Aadith Ramadorai has inadequate speech and
language development and dysarthria, which is
secondary to his Intellectual Disability and Cerebral
Palsy.
On neuropsychiatric assessment, Mr. Aadith Ramadorai
was found to have limitations in attention, memory,
language, and executive function, with deficits in abstract
thinking, problem-solving, and motor coordination.
Significant difficulties are noted in constructional ability,
right-left orientation, and frontal lobe tasks.
Mr Adith Ramadorai’s extent of overall disability
resulting from Mild Intellectual Developmental
Disorder and Cerebral palsy falls under the
category of Severe disability with 080%.
Mr. Adith Ramadorai has consistently demonstrated the
level of understanding and reasoning that equipped him
to participate with the clinical team in all the assessments
and provide his assent for all the interventions. However,
as alluded to above, he has limitations with
complex decision-making.
3. Expert Opinion on Mr. Adith Ramadorai’s
Decision-Making Ability
Based on the results of the comprehensive
multidisciplinary evaluation detailed above, we infer that
Mr. Aadith Ramadorai demonstrates independent
decision-making abilities for basic activities, such as
performing simple arithmetic calculations, engaging in
basic social interactions within close circles, and carrying
out fundamental occupational tasks. However, he
exhibits significant limitations in making informed
decisions concerning higher-level activities of daily
living, financial matters, and complex social and
occupational responsibilities .
His psychological limitations are further compounded by
physical impairments, including difficulties in writing,
speech, and mobility. Given his mild intellectual
disability and associated physical challenges, his
overall cognitive functioning is comparable to that
of an 8-to-10-year-old child. Consequently, he lacks
the ability to make complex, informed decisions
26 | P a g e

independently. In situations requiring higher-order
reasoning, evaluation of multiple options, or
consideration of long-term consequences, he would
require external guidance and support. Any
decisions made beyond his cognitive capacity may
not be well-informed or thoroughly considered.
In light of these findings, it is respectfully
submitted that Mr. Aadith Ramadorai has an
overall level of intellectual functioning of an 8 to 10
year old child. He is capable of making basic
personal decisions, but he has limitations in
making complex, independent decisions concerning
financial, legal, social, and occupational matters
without substantial support and oversight .”

3.25 The aforementioned Comprehensive Assessment Report was duly
submitted, in a sealed cover, to this Court on 19.02.2025, in the
presence of all parties and copies were supplied to them. This
report will play a crucial role in analysing and adjudicating the
underlying dispute in the instant appeal.
ONTENTIONS OF THE ARTIES
B. C P

4. Ms. V. Mohana, Learned Senior Counsel, appearing on behalf of the
Appellant, contended that the High Court fell in grave error in its
decision and advanced the following submissions:
(a) The High Court passed the Impugned Judgement merely on an
oral examination of Aadith. The High Court ignored the specific
pleadings regarding his intellectual disability and cognitive
limitations, substantiated by the reports of the Evaluation
27 | P a g e

Committee. Thus, the High Court did not adequately assess
his ability to provide consent.

(b) Aadith has resided in the US his entire life. Since the age of 8
years, he had been receiving specialized education there and
was unable to begin the next level of schooling designed for
him, owing to his extended and unplanned stay in India.
Further, Aadith qualifies for social security benefits and
disability services provided by the State, including free medical
care and a maximum supplemental income in excess of USD
960 per month. Additionally, he is covered by the health
insurance provided by the Appellant’s employer until he turns
26 years old. Upon turning 26 years old, he would be eligible
for full medical coverage owing to the Medicaid Program of the
State and Federal Departments of the US. Finally, once he is
able to work, he would be covered by the Federal Social
Security Disability Insurance Program, which would cover any
loss of income faced as a result of his disability. By permitting
him to continue residing in India, the High Court did not act
according to his best interests and welfare.


28 | P a g e

(c) The High Court failed to consider that at the time of hearing of
the Habeas Corpus petition, the Idaho Court had already
granted the Appellant full and permanent guardianship over
Aadith. In this context, the High Court should have shown
more restraint as the parties involved were US citizens and
their rights and liabilities were already being dealt with by a
court of competent jurisdiction in their native state in the US.
(d) Aadith was being manipulated and tutored against the
Appellant by Respondent No. 4. Through this, Respondent No.
4 was actively trying to disobey the Court’s orders by
restricting Aadith’s access to the Appellant.
5. Per contra , Ms. Liz Mathew, Learned Senior Counsel, appearing on
behalf of Respondent No. 4, put forth the following submissions:
(a) Aadith is completely mentally fit to make decisions about his
own welfare and well-being. Despite his limitations, he is
capable of informed judgment and independent or supported
decision-making. He does not require a guardian by any means
and needs only some support and assistance, which
Respondent No. 4 has been duly providing.

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(b) Respondent No. 4 has never manipulated or coerced his son,
Aadith, who desired to go to India and stay with his father.
Furthermore, after the order dated 16.12.2024 was read over
to Aadith, he expressed that he did not want to reside with his
mother, even though he had been interacting with her
frequently on video call. In fact, when he met his mother on
24.12.2024, he was visibly distressed by the Appellant
drudging up old memories to convince him to live with her. He
also expressed that he wanted to be represented in the
proceedings before this Court. Having sought legal
consultation, Respondent No. 4 was informed that as Aadith
was a major, he had the right to consult and appoint his own
lawyers. Accordingly, Aadith interacted with a lawyer in Delhi
over calls and provided instructions to file the interlocutory
applications before this Court. The decision not to live with the
Appellant was solely taken by Aadith, out of his own free will
and based on the legal advice he received.
(c) Respondent No. 4, as Aadith’s primary caregiver, has
safeguarded his son’s best interests and welfare in India. He
has been provided with a stable, nurturing, and supportive
environment where he has been encouraged to express his
opinions and exercise his autonomy. In comparison, under the
30 | P a g e

Appellant’s care, Aadith’s social, physical, and psychological
growth were being impeded due to the Appellant’s constant
dismissal of Aadith’s capacities. With Respondent No. 4’s
guidance, Aadith has been undergoing requisite sessions for
skill training for persons with disabilities in Chennai, is living
under the loving embrace of his paternal family, and is able to
showcase greater autonomy, thus attesting to his best
interests and welfare being served.
(d) The assessment conducted by the Institute of Mental Health,
Kilpauk diagnosed Aadith with Mild Intellectual Disability,
established an IQ score of 54, and recognized a disability level
of 50%. This is in stark contrast to the report prepared by
NIMHANS, Bengaluru. Persons with borderline, mild, or
moderate intellectual disabilities are capable of living in
normal social conditions, though they may need some
supervision or assistance from time to time. Aadith’s
developmental delays should not be equated with mental
incapacity and his decisions should be respected under law.
SSUES
C. I
6. Having given our thoughtful consideration to the events that have
transpired and the submissions at length, the following issues arise
for the consideration of this Court:
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i. Whether Aadith is capable of making independent decisions?
ii. Whether Aadith’s best interests and welfare would be served
by permitting him to continue residing with Respondent No. 4
in India?
D. A NALYSIS
D.1 Issue No. 1: Aadith’s capacity to make independent decisions
7. The issue herein concerns Aadith’s ability to make independent
decisions regarding his future and well-being. To this end, the
Appellant argued that Aadith has had an intellectual disability
since childhood, resulting in a full-scale IQ of 53, which features in
the ‘ very low range of cognitive ability ’. To substantiate this, she
relied on the detailed report dated 17.05.2023 and the addendum
dated 23.10.2023 prepared by the Evaluation Committee
constituted by the Idaho Department of Health and Welfare. She
pointed out specific findings in these reports including that, Aadith
‘ lacked the capacity to make decisions, even at a rudimentary
level ’ and that he ‘ was someone who could be easily
manipulated into speaking, signing, or acting against his
own best interest .’ Furthermore, she adduced the decision of the
Idaho Court which declared him to be a ‘ Developmentally
Disabled Person ’ and a ‘ Vulnerable Adult .’ She contended that
by virtue of his disability, he cannot make independent, legally-
32 | P a g e

binding decisions on subjects that will substantially impact his
future, such as, his place of permanent residence.
8. Per contra , Respondent No. 4 has vehemently argued that Aadith,
though suffering from a disability, is mentally fit to make decisions
about his own welfare and well-being. To substantiate this, he
relied on the Observation Report dated 11.12.2024 issued by the
Institute of Mental Health, Kilpauk, Chennai. In fact, Respondent
No. 4 has placed on record that Aadith wants to reside in India with
him and not with his mother. Furthermore, the High Court had
interacted with Aadith and concluded that he was consensually
living with Respondent No. 4 in India.
9. That being the fundamental dissonance between the parties’
viewpoints and to arrive at a conclusive determination regarding
his cognitive capacity, as mentioned earlier, on 08.01.2025 this
Court requested for Aadith and his younger brother, Arjun, to
undergo medical assessment at NIMHANS, Bengaluru. In
pursuance thereof, the doctors at NIMHANS, Bengaluru were
requested to provide their expert opinion as to whether Aadith is in
a position to make independent decisions.

33 | P a g e

10. The reports, as extracted in paras 3.20 to 3.24 , were duly received
by this Court in a sealed cover on 19.02.2025. The contents have
been thoroughly examined. It may be seen that Aadith was brought
to NIMHANS, Bengaluru on 13.01.2025 by his parents and was
admitted as an in-patient on 14.01.2025, with his brother. Detailed
assessments were then conducted in collaboration with the
Departments of Clinical Psychology, Psychiatric Social Work,
Neurology, Speech Pathology and Audiology, Neurorehabilitation
and Genetics. To properly understand the report, it is necessary to
lay down the conclusions of the assessments individually
conducted by each department and then, advert to the final
findings in the Comprehensive Assessment Report.
11. First , the Department of Clinical Psychology ( see para 3.20 )
administered seven tests to Aadith and on the basis of the same
noted that: ( i ) He is capable of carrying out basic daily activities,
such as brushing his teeth and selecting clothing; ( ii ) He struggles
with independent self-care when left alone and has difficulty
performing more complex tasks such as, handling a knife to cut
fruits and seeking medical attention; ( iii ) He struggles with basic
addition and subtraction; ( iv ) He has difficulty performing simple
mental calculations; ( v ) He lacks the ability to navigate social
situations safely and identify harmful relationships or situations;
34 | P a g e

( vi ) He would have difficulty engaging in small remunerative work
such as, making simple garments and making minor repairs; ( vii )
He faces challenges performing routine, responsible chores for his
age such as, cleaning a car and washing windows; and ( viii ) He
would have difficulty maintaining a job for at least one year, even if
required to work only 10 hours per week. Owing to this, the report
by the Department of Clinical Psychology concluded that Aadith
functions at the level of an 8 to 10-year-old child. As a result, he
would not be able to make informed decisions by himself. Even in
the event he made such decisions, they would be made without
considering all available options and repercussions.
12. Second , the Department of Speech Pathology and Audiology ( see
para 3.21 ), in their report, noted that Aadith uses and understands
simple sentences, but struggles to utilize and comprehend complex
sentences. The report concluded that his speech and language
abilities were inadequate, overall.
13. Lastly , the Department of Psychiatric Social Work ( see para 3.23 )
studied Aadith’s living arrangements, education, training,
occupation, and future plans. Further, exhaustive interviews were
conducted with the Appellant and Respondent No. 4, individually,
to determine their perspectives on parenting, expectations from
Aadith, plans for his future, and opinions about the other parent.
35 | P a g e

Based on this, the Psychosocial Assessment Report noted that
Aadith wanted to return to the US and start working there. Further,
it was observed that both parents wanted him to live freely and as
per his wish, regardless of where he wishes to stay. Ultimately, the
report by the Department of Psychiatric Social Work recommends
that: ( i ) if the parental conflicts continue, Aadith should be offered
supervised care by a recognized institution in the US; and ( ii ) the
focus of his care must be on nurturing his skills and autonomy in
an environment where he feels most comfortable and familiar.

14. Finally, the Comprehensive Assessment Report was prepared after
a thorough review of past medical records and the exhaustive
medical assessments conducted by various departments in
NIMHANS, Bengaluru ( see para 3.24 ). This report notes that: ( i )
From birth till the age of 20, Aadith was living in the US; ( ii ) He has
a full-scale composite IQ score of 53, which places him in the ‘ very
low range of cognitive ability ’; ( iii ) He has significant cognitive
limitations such as, conceptual reasoning, spatial-perceptual
reasoning, knowledge, retention, and recall ability; ( iv ) His overall
functioning level is equivalent to that of an 8 to 10-year-old child;
and ( v ) His extent of overall disability, resulting from Mild
Intellectual Developmental Disorder and Cerebral Palsy falls under
the category of severe disability with 80%.
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15. The Comprehensive Assessment Report, thus concludes that
Aadith demonstrates independent decision-making abilities for
basic activities such as, simple arithmetic calculations and basic
social interactions within close circles. It put forth that he exhibits
significant limitations in taking decisions concerning higher-level
activities of daily living, financial matters, and complex social and
occupational responsibilities. His psychological limitations were
underlined to be further compounded by his physical impairments
and as such, he lacks the ability to make complex, informed
decisions independently. Additionally, it detailed that those
situations requiring higher-order reasoning, evaluation of multiple
options, or consideration of long-term consequences require
external guidance and support. In essence, the report conclusively
laid down that independent decisions made beyond Aadith’s
cognitive capacity may not be well-informed or thoroughly
considered.
16. These findings are further substantiated by the report dated
17.05.2023 and the addendum dated 23.10.2023 prepared by the
Evaluation Committee constituted by the Idaho Department of
Health and Welfare (West Hub Developmental Disabilities
Program). The Evaluation Committee consisted of a Psychologist, a
Physician, and a Social Worker. The report dated 17.05.2023 was
37 | P a g e

prepared based on an in-person interview with the Appellant and
the documents provided by both parties. These documents
included the Guardianship Petition, Counter-Petition, several of
Aadith’s medical reports over the years, eligibility reports from his
school, and background check reports from 2022 and 2023. The
report dated 17.05.2023 concluded that, among others: ( i ) He does
not have the capacity to live independently without any supervision
or assistance; ( ii ) Language must be overly simplified for him to
understand; ( iii ) He requires constant guidance, assistance, and
supervision in performing basic self-care tasks such as eating,
hygiene, grooming; and ( iv ) He requires a combination of
specialized care and inter-disciplinary treatments which are
lifelong and individually planned. The report notes that his
cognitive limitations significantly impact his ability to manage his
health, food, finances, and safety needs without support and
therefore, he requires some type of guardianship.

17. After this report was sent to the parties and the authorities,
Respondent No. 4 brought Aadith for his in-person interview with
the Evaluation Committee. Thereafter, an addendum dated
25.10.2023 was issued. This addendum dated 25.10.2023, while
reiterating all the previously stated conclusions, also stated that he
presents as someone who can be easily misguided and
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manipulated. Ultimately, the Evaluation Committee recommended
full guardianship by one, but not both parents, as Aadith could be
easily maneuvered into speaking, signing, or acting against his own
best interest. Further, the Evaluation Committee opined that his
voice was not being heard in decisions concerning him as he had
been denied access to his mother and his brother.

18. The Observation Report issued by the Institute of Mental Health,
Kilpauk, Chennai ( see para 3.17 ) and relied upon by Respondent
No. 4, does not seem to have considered Aadith’s old medical
records and reports when evaluating him. In fact, it seems that
Aadith’s medical history was obtained only from his father.
Furthermore, the Observation Report does not specify how Aadith
was assessed, which parameters were used for assessment, and
which tests were administered to him during the evaluation. For
these reasons alone, the Observation Report cannot be relied upon.
Regardless, it clearly and unequivocally states that Aadith requires
assistance in making complex and important life decisions.

19. It is pertinent to note that the report and addendum of the
Evaluation Committee were brought on the record of the High
Court, to help them decide whether Aadith was living consensually
in India. However, the Impugned Judgement has not dealt with the
39 | P a g e

medical assessments or school records in any capacity. In fact, the
High Court has passed its judgement simply based on a few
minutes of oral interaction with Aadith. In this regard, we are
constrained to hold that the High Court’s decision was passed in
haste, without fully delving into the nuances of the matter.

20. In our considered view, even though Courts are well within their
rights to come to a finding distinct from an expert’s report, they
cannot discard the expert’s opinion, as a whole, for no rhyme or
reason. Given that the dispute before the High Court concerned the
sensitive and complex issue of alleged illegal detention of a person
with severe cognitive limitations, the High Court ought to have
considered and given due credence to the Evaluation Committee’s
report. If the High Court had any doubt as to the reliability of the
report and its conclusions, it ought to have ordered an enquiry
through a reputable medical institution. Dismissing all aspects of
scientific assessment in a highly specialized and niche area of
medicine was misconceived and ill-founded. As such, the Impugned
Judgement does not enlighten us as to Aadith’s decision-making
abilities.


40 | P a g e

21. For this purpose, we must rely on the reports produced by
NIMHANS, Bengaluru and the Evaluation Committee. At the risk of
reiteration, it seems to us that both bodies have concurred that
owing to his cognitive and physical limitations, Aadith does not
possess the capacity to make well-informed, independent
decisions, for his own benefit, on complex subject matter, such as
long-term residence.
22. In the event there is any confusion or doubt regarding a person’s
capacity and ability to make independent decisions and if there is
a definitive opinion on disability endorsed by a specialist, domain
expert, or a doctor, the Court should give due credence to that
opinion. If the expert’s report concludes that the mental or physical
age of the person concerned is well below the age of majority, there
can be no inference of any ‘implied’ or ‘express’ consent to any act
which might have a substantive impact on the consenting person.
Unless there are strong reasons to disbelieve an expert’s report to
this effect, the Courts must be overly-cautious in coming to a
finding contrary thereto. Bearing this principle in mind, we must
conclude that as Aadith was assessed to possess the cognitive
abilities of an 8 to 10-year-old child, the reasoning assigned by the
High Court, of him consenually living in India, is seriously errant.
41 | P a g e

23. As a result, we must answer the first issue in the negative—Aadith
cannot make independent, legally-binding decisions on his own. In
light of this, we find ourselves compelled to hold that the High
Court erred in coming to a finding on Aadith’s alleged illegal
detention solely based on his perceived ‘independent’ decision to
reside in India with Respondent No. 4.

D.2 Issue No. 2: Aadith’s best interests and welfare


24. Since we have already opined that Aadith cannot make
independent decisions, it is the duty of the Court, under the parens
patriae doctrine, to determine the course of action that would best
1
serve his interests and welfare.

25. To this end, the Appellant contended that Aadith’s best interests
would be served by repatriating him to the US, where he could
complete his schooling in a familiar environment and reside in the
company of his younger brother, to whom he is deeply attached.
She further contended that Aadith would be subject to ‘Parental
Alienation Syndrome’ if allowed to stay long-term with Respondent

1
Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368, para 45.
42 | P a g e

No. 4. For this, the Appellant has relied on Sheoli Hati v. Somnath
2 3
Das and Vivek Singh v. Romani Singh .
26. Per contra , Respondent No. 4 contended that though specially-
abled, Aadith’s wishes should be the sole criterion to determine his
place of residence. For this, he has placed reliance on Girish v.
4 5
Radhamony K. and Suchita Srivastava v. Chandigarh Admn .
Let us analyze these cases to determine whether they substantiate
the stand taken by Respondent No. 4.
27. First and foremost, Girish v. Radhamony K. (supra) concerned
the alleged kidnapping of a minor girl. The girl came before the
Court, claimed to be major, and expressed that she had left of her
own will and volition. This Court held that, on this basis, the
Habeas Corpus petition should have been dismissed instead of the
High Court directing the registration of an FIR. Unlike the instant
case, she made the decision independently as she was a fully
functioning adult with no conditions limiting her cognitive ability.
The lack of cognitive impairment, alone, renders this case
unreliable in the instant proceedings.

2
Sheoli Hati v. Somnath Das, (2019) 7 SCC 490.
3
Vivek Singh v. Romani Singh, (2017) 3 SCC 231.
4
Girish v. Radhamony K., (2009) 16 SCC 360.
5
Suchita Srivastava v. Chandigarh Admn., (2009) 9 SCC 1.
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28. The judgement in Suchita Srivastava v. Chandigarh Admn.
(supra) pertained to terminating the pregnancy of a woman
suffering from mild to moderate mental retardation, who had been
impregnated through rape. The expert body noted that her mental
age was equivalent to that of a 9-year-old child. Respondent No. 4
appears to rely on this case because this Court provided due
deference to the opinions and desires of the victim-therein, who was
observed to have the same level of cognitive functioning as Aadith.
However, the rationale for relying on her opinions was extremely
nuanced and motivated by other factors.

29. This Court held that the language of the Medical Termination of
Pregnancy Act, 1971 required the Court to respect the decision of
a major. Alongside this, the Court considered the fact that at such
a late stage in the pregnancy, it would have been dangerous to
direct her to undergo an abortion. The Court was seemingly
influenced by an assurance of the Chairperson of the National
Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation, and Multiple Disabilities that the Trust was prepared
to look after the interests of the victim in question, including
assistance with childcare. Since there is no Statute prescribing a
particular course of action in the instant case and Aadith is
unlikely to face life-threatening repercussions due to a decision of
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this Court, the above-stated decision does not support Respondent
No. 4’s case. Regardless thereto, we reiterate the correct principle
of law, which we have briefly drawn in para 22 .
30. Curiously, both parties have relied on a common judgement, i.e.
6
Nithya Anand Raghavan v. State (NCT of Delhi) , albeit for
different reasons. Respondent No. 4 relied on it owing to the
similarity in the facts, where a child was removed from a foreign
country by one parent and brought to India, despite adverse
findings by the relevant Foreign Court. Ultimately, the child was
allowed to stay in India with the parent, regardless of the Foreign
Court’s contrary orders. The Appellant, however, relied on this case
owing to the primacy given to the doctrine of ‘ best interests and
welfare of the child .’ Essentially, the parties have relied on this case
to highlight various aspects of the ‘ best interest of a child ’ principle,
as well as the primacy afforded to decisions of Foreign Courts.
31. In this vein, it is a settled position of law that the principle of comity
of courts and a pre-existing order of a Foreign Court must yield to
the best interests of the child, especially when the Court has
7
decided to conduct an elaborate enquiry in this regard. Such cases
must be decided on the sole and predominant criterion of ‘ what

6
Nithya Anand Raghavan v. State (NCT of Delhi), (2017) 8 SCC 454.
7
Nithya Anand Raghavan v. State (NCT of Delhi), (2017) 8 SCC 454, para 46.
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8
would serve the interests and welfare ’ of the minor. The pre-
existing order of a Foreign Court is merely one of the circumstances
to consider when assessing the best interests and welfare of the
9
person concerned. This doctrine was evolved to protect children
who may, unwittingly, become collateral damage in their parents’
legal disputes. It has gained significance over the past several
years, owing to the frequency and ease of migration.
32. To consider the interests of the child, the Court must take into
account all attending circumstances and the totality of the
situation. The Court must consider the welfare and happiness of
the child as the paramount consideration and go into all relevant
aspects of welfare including stability and security, loving and
understanding care and guidance, and full development of the
10
child's character, personality, and talents. The Court has to give
due weightage to the child's ordinary contentment, health,
education, intellectual development, favourable surroundings, and
future prospects. Further, over and above physical comforts, moral
and ethical values also have to be taken note of, as they constitute
11
equal if not more important factors than the others.

8
Elizabeth Dinshaw v. Arvand M. Dinshaw, (1987) 1 SCC 42, para 8; Dhanwanti Joshi v.
Madhav Unde, (1998) 1 SCC 112, para 21; Rohith Thammana Gowda v. State of Karnataka,
2022 SCC OnLine SC 937, para 8.
9
Nithya Anand Raghavan v. State (NCT of Delhi), (2017) 8 SCC 454, para 42.
10
V. Ravi Chandran (Dr.) (2) v. Union of India, (2010) 1 SCC 174, para 29.
11
Gaurav Nagpal v. Sumedha Nagpal, (2009) 1 SCC 42, para 50.
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33. As per the Eligibility Reports and Evaluation Reports issued by his
school district, Aadith was receiving a specially-curated curriculum
to help him enhance his skills and pursue his education despite
his limitations. All the reports from the school district indicate that
he was happy attending classes, was excited about graduating high
school, and looked forward to working at a job. In fact, he had
already worked part-time in a hotel and in his paternal aunt’s
dental clinic, under the supervision of a job coach. He was making
plans for his future, which he expected to continue in the US. In
the 2022-2023 academic year, he was due to start a Transitional
Program to help him curate vocational and non-vocational training
skills, alongside his education. He was supposed to be part of this
Transitional Program from 18 years to 21 years of age, i.e. for three
years. His enrolment and participation in this program were
interrupted solely by his impromptu trip to India.
34. Though he may be content with his father in India, he reiterated to
the doctors at NIMHANS, Bengaluru that he wants to reside with
his brother, complete his living skill training, and start his own
business in the US. His brother, Arjun, has been diagnosed with
Intellectual Disability and Autism Spectrum Disorder. He is also
enrolled in a specially-curated curriculum for his education in the
US. As assessed by NIMHANS, Bengaluru, like his brother, he
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possesses a ‘ full-scale composite IQ score of 60, which
classifies him within the “very low range of cognitive ability.” ’
Further ‘ while he has the general cognitive functioning
equivalent to that of an 8 to 10-year-old child, he has
considerable limitations in independently managing
financial, legal, social, and occupational matters without
substantial external support and oversight .’ The Idaho
Department of Health and Welfare prepared a Guardianship
Evaluation for Arjun, whereunder they recommended that the
Appellant be granted full guardianship.

35. Here is a case where Aadith, his parents, and his younger brother,
Arjun, have resided in the US for almost two decades and are all
US citizens. The sons were born and brought up in the US together,
owing to which they are accustomed to the culture, the activities,
the language, and the schooling there. As a natural corollary, they
know no other way of life and undeniably have their roots in the
US. Regardless of these commonalities, the brothers share certain
unique characteristics which perhaps help them understand, relate
to, and lean on each other. This emotional relationship, in our
considered opinion, is the foundational strength of their self-
confidence, sense of security and all other kinds of support, which
they are unlikely to receive elsewhere, outside of close family. If
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separated by entire continents, we are confronted by the
unfortunate possibility that their bond may wither away with the
passage of time. It is necessary for them to retain their connection
as they grow up and grow old, to have a constant bonding through
the years. For these reasons, it is imperative that they stay
together.
36. In this light, it seems to us that regardless of the parents being
divorced, the entire family appears to have set up a comfortable life
for themselves in the US. Fortunately, neither of the parents is
facing any financial difficulties jeopardizing their lives there. Given
their established routine and support systems, we seriously doubt
whether it is in Aadith’s best interests to continue residing in India.

37. Aadith does not seem to have received much training or education
during his time in India. Besides attending a 3-month-long skill-
based vocational training course under the Department of Adult
Independent Living at the National Institute for Empowerment of
Persons with Multiple Disabilities, Chennai, he does not appear to
have obtained any long-term formal and supervised training or
education. Further, he has not taken up a part-time or full-time job
as he was able to in the US. Finally, other than Respondent Nos. 4
to 6, we have not been informed of any other family or
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formal/informal support systems here that he interacts with
regularly or can depend upon. Regardless, the doctors at
NIMHANS, Bengaluru noted that he was struggling to understand
the language spoken in Chennai.
38. In comparison, he has completed most of his schooling in the US;
he has access to long-term specialized welfare services and
curriculums; he has a peer group; an established routine; and
places to regularly attend for socialization. Further, he is familiar
with the language and lifestyle in the US. He desires to be in the
company of his younger brother, from whom he has been separated
for far too long. Finally, owing to their citizenship, the Idaho Court
has already passed an order appointing the Appellant as Aadith’s
full and permanent guardian. Taking this into account, we cannot
state that Aadith has given up his roots in the US and has
developed new roots in India, due to which he should not be
displaced.
39. Considering all the facts and surrounding circumstances, we
believe it is in Aadith’s best interests and welfare to return to the
US, where he can complete his schooling and reside with his
younger brother, under the Appellant’s guardianship. We clarify
that this does not mean that Respondent No. 4 should not be a part
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of his son’s life; rather, it is his duty to become part of the life his
son has already established in the US.
E. C ONCLUSION AND D IRECTIONS

40. This case, like all custody matters, has taken a toll on all those
involved. Given the sensitivity and complexity of the subject-
matter, it is imperative to put all the disputes to rest.

41. Accordingly, we deem it appropriate to allow this appeal and set
aside the Impugned Judgment of the High Court dated 09.08.2024
with the following directions and conclusions:
i. Aadith Ramadorai is incapable of making independent
decisions as of now;
ii. Aadith Ramadorai’s interests would be best served by
continuing to reside in the US, alongside his younger brother,
Arjun Ramadorai, and under the guardianship of the
Appellant;
iii. From the date of pronouncement of this judgement, Aadith
Ramadorai shall be deemed to be under the sole custody of the
Appellant;
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iv. Pursuantly, the Appellant is directed to return to the US with
both the sons within 15 days and ensure that they continue
their schooling there. Respondent No. 4 shall not cause any
impediment to their return;
v. Now that the controversy pertaining to the custody of Aadith
Ramadorai stands resolved, the office of US Consulate-
General, Chennai will return his US passport and facilitate the
Appellant in taking him back to the US immediately;
vi. The Appellant and Respondent No. 4 shall share their phone
numbers, email IDs, and home addresses with each other, so
that they can remain in contact for the sake of their children;
vii. Neither the Appellant nor Respondent No. 4 shall restrict the
sons’ access to the other parent; and
viii. Owing to substantial compliance with this Court’s subsequent
order dated 08.01.2025, the contempt proceedings are hereby
dropped.
42. The instant appeal is allowed in the above terms.
43. Ordered accordingly. Pending applications if any, also stand
disposed of.
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44. Before parting, we would like to seize this opportunity and place on
record our profound appreciation and gratitude for the team at
NIMHANS, Bengaluru, for accommodating our time-bound request
to assess Aadith and Arjun and aiding us in this exercise of
adjudicating this delicate and complicated dispute.



..............…….........J.
(SURYA KANT)



..............…….........J.
(DIPANKAR DATTA)


..............…….........J.
(UJJAL BHUYAN)

NEW DELHI;
MARCH 3, 2025.
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