Natural Guardian Cannot Be Denied Custody Merely Because Someone Looked After Child For Few Years: SC Allows A Father's Appeal
The Supreme Court, while allowing appeal filed by a father, observed that a natural guardian cannot be denied custody of the child merely because someone looked after the child for a few years.
The Court was hearing an appeal challenging the decision of the High Court which disposed of the petition filed by the Appellant, seeking to obtain the custody of his minor daughter from the alleged unlawful custody of the respondent by granting liberty to the parties to approach the family court of competent jurisdiction for seeking custody of the child.
The bench of Justice B R Gavai and Justice K V Vishwanathan observed, “merely because of the unfortunate circumstances faced by the appellant as a result of which, respondent Nos. 5 and 6 were given the temporary custody of the minor child... and only because they looked after her for few years, the same cannot be a ground to deny the custody of the minor child to the appellant, who is her only natural guardian.”
Advocate Saurav Agrawal appeared for the Appellant and Advocate Hirein Sharma appeared for the Respondent.
Brief Facts-
The Appellant lost his wife to COVID-19, leaving behind two children. He temporarily entrusted the care of the children to his sister-in-law, who returned his son after some time but refused to return his daughter. After remarrying and now having a female to take care of the girl the appellant sought custody but was denied. The Supreme Court granted him visitation rights while considering his custody claim.
The Court mentioned the decision in Nirmala v. Kulwant Singh and observed, “that no hard and fast rule can be laid down insofar as the maintainability of the habeas corpus petition in the matters of custody of minor child is concerned. It has been held that as to whether the writ court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case.”
The Court further observed, “…common thread in all the judgments concerning the custody of minor children is the paramount welfare of the child.”
The Court said that apart from the appellant being the natural guardian, even in order to ensure the welfare of the minor child, she should live with her natural family.
Accordingly, the Court quashed and set aside the order of the High Court.
Finally, the Court allowed the Appeal.
Cause Title: Gautam Kumar v. NCT of Delhi (Neutral Citation: 2024 INSC 610)