SC Emphasizes Child Welfare in Custody Cases, Orders Access for Father & Grandparents

GG News Bureau
New Delhi, 6th Sept. The Supreme Court of India ruled on Friday that courts handling habeas corpus petitions involving minors must prioritize the child’s welfare and cannot treat the child as “movable property” for custody transfers without considering the impact on the child’s well-being.

The bench, comprising Justices A.S. Oka and A.G. Masih, delivered the verdict in a case concerning a two-year-and-seven-month-old girl whose custody was contested following her mother’s death in December 2022. The child has been in the care of her maternal aunts since she was 11 months old. A habeas corpus petition challenged the June 2023 judgment of the Madhya Pradesh High Court, which had ordered the child’s transfer to her father and paternal grandparents.

The Supreme Court observed that the high court’s decision did not adequately address the child’s welfare. “The high court has disturbed the child’s custody based only on the father’s right as a natural guardian without considering the impact on the child’s well-being,” the bench noted.

The apex court stressed that decisions on child custody must be guided by humanitarian considerations rather than mechanical application of legal rights. The bench pointed out that, given the child’s age and her long-term bond with her maternal aunts, immediate transfer of custody could cause significant distress.

The court clarified that only substantive proceedings under the Guardians and Wards Act, 1890, should address child custody and guardianship issues. It directed that the child’s father and grandparents be allowed access to meet her once a fortnight.

Starting September 21, the court ordered that on the first, third, and fifth Saturdays of each month, the maternal aunts must take the child to the office of the District Legal Service Authority (DLSA) in Panna, Madhya Pradesh. The child will be allowed to meet her father and grandparents under the supervision of the DLSA secretary.

The court also mandated that the maternal aunts file a petition for guardianship and permanent custody under the Guardians and Wards Act within two months.