On Tuesday( 20th August),The Supreme Court of India ruled in favor of a father in a custody battle, ordering his sisters-in-law to hand over his three-year-old daughter. The court emphasized that the child’s welfare and the father’s natural guardianship were paramount.
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NEW DELHI: On Tuesday( 20th August), The Supreme Court of India provided relief to a father who had been engaged in a prolonged legal battle over the custody of his three-year-old daughter. The apex court directed that the minor be handed over to her father by his two sisters-in-law, underlining that the child’s welfare and the father’s natural guardianship were of paramount importance.
The bench, comprising Justices B R Gavai and K V Viswanathan, stressed the consistent legal principle that the welfare of the child is the most critical factor in custody cases.
The court observed-
“A consistent theme in all custody verdicts involving minors was the paramount importance of the child’s welfare.”
It further noted that beyond the father being the natural guardian, ensuring the welfare of the minor required that she live with her natural family.
The case’s background reveals a heartbreaking series of events. The father lost his wife to Covid in April 2021 when their daughter was just 10 days old. Shortly after, he also lost his father. During this time of immense grief, the man sought the help of one of his sisters-in-law to care for his two children. Initially, his son was returned to him, but his daughter remained with the sisters-in-law under the pretext that she was too young and needed more time with a female caretaker.
The bench noted that the sister-in-law eventually handed over custody of the minor daughter to one of her sisters.
Addressing this, the court stated-
“In our view, the appellant’s (father’s) unfortunate circumstances, which led to temporary custody being granted to respondent nos. 5 and 6 (his sisters-in-law), cannot justify denying custody to the appellant, who is the child’s sole natural guardian, despite their care over the past few years.”
The sisters-in-law, represented by their counsel, raised several contentions, referring to various judgments.
However, the apex court clarified that-
“We can only state that there is no one-size-fits-all approach in custody matters.”
The court emphasized that each case must be judged on its unique facts and circumstances, with the child’s welfare always being the top priority.
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The Supreme Court overturned the Delhi High Court’s earlier ruling from April, which had disposed of the father’s petition for custody by allowing the parties to approach the family court of competent jurisdiction. The top court asserted in its May 17 order that, based on a preliminary review of the facts, the father had valid grounds for claiming custody of his daughter.
“Before reaching a final decision, this court deemed it appropriate to provide the appellant an opportunity to bond with his minor daughter by granting visitation rights to him, his second wife, and his son.”
-the bench explained.
The bench took into account that the father had remarried and was now capable of providing a stable and loving environment for his daughter.
The court observed-
“Reviewing the photographs submitted shows that following the visitation rights granted by both the high court and this court, the minor child has adapted well to the family, which now appears happy and cohesive.”
The court emphasized the importance of the child growing up with her natural family, stating-
“The child, who lost her mother at a young age, cannot be deprived of her father’s and natural brother’s company. At the time, the appellant had no choice but to rely on his deceased wife’s sisters to care for his infant child.”
In its final ruling, the bench quashed the Delhi High Court’s judgment and ordered-
“Respondent nos. 5 and 6 (the sisters-in-law) are instructed to immediately hand over custody of the minor child.”
However, recognizing the bond between the child and her aunts, the court allowed the sisters-in-law to visit the child at her father’s residence every Wednesday between 4 p.m. and 6 p.m.
