Supreme Court Upholds 14-Year-Old’s Desire, Grants Custody to Aunt Instead of Biological Father
March 15, 2024 2024-03-15 4:22Supreme Court Upholds 14-Year-Old’s Desire, Grants Custody to Aunt Instead of Biological Father
Supreme Court Upholds 14-Year-Old’s Desire, Grants Custody to Aunt Instead of Biological Father
The Supreme Court reinstated custody of a teenage girl to her aunt, overturning a Patna High Court decision that granted custody to her biological father, whom she hadn’t lived with before. Justices CT Ravikumar and Rajesh Bindal emphasized the paramount importance of the child’s stability and welfare, considering the girl’s desire to stay with her paternal aunt’s family. The Court, after interacting with the girl, noted her capability to form an opinion, stating she shouldn’t be treated as property to be handed over to someone she hadn’t lived with since birth. The High Court’s decision to transfer custody based on the father’s habeas corpus petition was challenged by the aunt in the Supreme Court. The Court observed that the aunt sought custody, not guardianship or adoption, and found the child to be intelligent and aware of her well-being. Despite the aunt’s subsequent marriage and children, the Court ruled that the child’s best interests remained with her aunt. Consequently, the Court allowed the appeal, restoring custody to the aunt.