Does a pre-existing order of a Foreign Court granting guardianship govern an Indian court's decision, or must it yield to the best interests and welfare of the person concerned?

It must yield. The principle of comity of courts and a pre-existing order of a Foreign Court give way to the best interests and welfare of the person concerned, which is the sole and predominant criterion; the foreign order is merely one of the circumstances to be considered when assessing those interests.

Habeas Corpus — Adult with intellectual disability — Capacity to give consent — Expert medical assessment — Parens patriae — Best interests and welfare — Comity of courts — Foreign guardianship order — Habeas Corpus — Capacity to consent — Definitive opinion on disability — Held: A definitive opinion on disability, endorsed by a specialist or doctor, placing a person's mental or physical age well below the age of majority forecloses any inference of implied or express consent. Courts must be overly-cautious before finding otherwise. (¶22) Habeas Corpus — Illegal detention — Oral interaction versus medical report — Held further: Courts may differ from an expert's report but cannot discard it as a whole for no rhyme or reason. Where reliability is doubted, an enquiry through a reputable medical institution must be ordered. (¶20) Parens patriae — Person incapable of independent decisions — Best interests and welfare — Held further: Once incapacity is established the Court assumes a parens patriae duty to decide what best serves that person's interests and welfare. Roots, education, support systems and family bonds are relevant. (¶24, 32) Comity of courts — Foreign guardianship order — Best interests prevail — Held further: A pre-existing order of a Foreign Court is merely one of the circumstances and must yield to the best interests and welfare of the person concerned. Appeal allowed; sole custody granted to the appellant. (¶31, 41)

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