The custody rights of natural parents can be overruled for the child’s welfare. “Says SC
Last Updated on August 30, 2024 by NewsDesk SLC
On Wednesday 28 August, The Supreme Court disapproved the “erroneous approach” of a Madhya pradesh HC order granting custody of a 2.5-year-old child to a father based only on his status as the natural guardian.
The bench was shocked by the fact that HC treated the child as movable property- Justice Abhay Oka remarked that by the logic of the HC custody petition, every Habeas Corpus petition with minor children can be decided in one para.
The Court highlighted that the child’s welfare is the primary consideration in custody cases, not the parties’ legal rights.
Justice Abhay Oka criticized the High Court’s formulaic approach to custody, stating it disregards the child’s emotional ties and stability. The child has been living with her maternal aunt for two years following the father’s arrest for allegedly causing her mother’s death.
The High Court ruled that the child was in “illegal custody” of her aunt and ordered her to return to the father, which is now being contested.
The Supreme Court suggested interim arrangements for the father to have supervised meetings with the child while assessing her adjustment. The Court recommended involving a child psychologist to help facilitate a gradual relationship between the child and her father and paternal grandparents.
