By Sunidhi Gupta  

In a significant ruling, the Supreme Court of India addressed crucial issues surrounding child custody in habeas corpus petitions. The case centered around a female child, aged two years and seven months at the time of the judgment. The child’s mother had died under unnatural circumstances on December 27, 2022. The dispute was between the child’s father and paternal grandparents on one side, and the maternal aunts and grandparents on the other. The child had been in the custody of her maternal aunts since she was 11 months old. The father and paternal grandparents filed a habeas corpus petition in the Madhya Pradesh High Court. The High Court allowed the petition and ordered the child’s custody to be handed over to the father and paternal grandparents. The maternal relatives appealed to the Supreme Court, which initially stayed the High Court’s order. 

The Supreme Court set aside the High Court’s judgment, emphasizing key points like in the custody matters, the paramount consideration is the welfare of the minor child. This principle applies even in habeas corpus petitions concerning minors. The Court clarified that a writ of habeas corpus is a discretionary remedy. High Courts have the discretion not to exercise this jurisdiction depending on the facts of each case and the Apex Court was of the opinion, given the child’s tender age and the fact that she had been with her maternal relatives for over a year and a half, it was not appropriate to disturb her custody through a habeas corpus petition. The Court emphasized that substantive proceedings under the Guardians and Wards Act in a regular Civil/Family Court are more suitable for deciding custody matters. Such courts can interact with the child, record evidence, appoint experts, and monitor access arrangements more effectively. 

In the decision, the Court was mindful of a child-centric approach, prioritizing the child’s emotional well-being over legal technicalities. At the same time the judgment strikes a balance between the father’s rights and the child’s welfare by ordering supervised access to the father and grandparents. This judgment sets a significant precedent in custody matters, especially those brought through habeas corpus petitions.  

[Case Title: Somprabha Rana and Others v. State of Madhya Pradesh and Others, Citation: 2024 SCC OnLine SC 2415] 

Click here to read/download the judgement.