By Tanvi Mehta.  

The Supreme Court of India recently addressed significant issues surrounding child custody laws and the primacy of a child’s welfare in such cases. The court’s ruling highlights the need for a nuanced approach in custody disputes, moving beyond traditional notions of natural guardianship. 

The case originated from a custody dispute involving a 2.5-year-old girl who had been living with her maternal aunt following the father’s arrest for the mother’s alleged dowry death. After being released on bail, the father and paternal grandparents filed a habeas corpus petition in the Madhya Pradesh High Court seeking custody. The High Court ordered the child to be “restored” to the father and paternal grandparents, deeming the maternal aunt’s custody as “illegal.” This decision, which recognized the father as the natural guardian, was challenged by the maternal aunt in the Supreme Court. The Supreme Court examined the validity of the High Court’s ruling, particularly focusing on the father’s status and the primacy of the child’s welfare in custody disputes. 

On the first issue, the Supreme Court strongly criticised the High Court’s decision. The court rejected the simplistic formula that automatically grants custody to the father as the natural guardian. Regarding the second issue, the Supreme Court emphatically reaffirmed that the child’s welfare is the paramount consideration in custody cases, not the legal rights of the parties involved. The Court emphasised “A custody court can in a given case refuse to grant custody to the natural parents. It all depends on the welfare of the minor child. It is not axiomatic that the custody court will grant custody only on the basis of legal rights of the parties.” The Supreme Court expressed strong disagreement with the High Court’s reasoning. The bench questioned how the child’s custody with her aunt could be contested, given that the child had been living with her for the past two years.  

In an effort to balance the interests of all parties while prioritizing the child’s welfare, the Supreme Court proposed a temporary solution. The father would be permitted to visit his daughter once every two weeks at the Legal Services Authority’s office, with the Secretary present to oversee the visits. Additionally, a child psychologist would be involved to facilitate a gradual relationship between the child and her father, as well as her paternal grandparents. Should the father later file a custody petition, the family court could consider granting expanded visitation rights based on the child’s responses to these sessions. 

[Case: Somprabha Rana V. State of Madhya Pradesh, Citation: Crl.A. No. 3821/2023.] 

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