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B. R. GAVAI, K. VINOD CHANDRAN
Vivek Kumar Chaturvedi – Appellant
Versus
State of U. P. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The welfare of the minor child is paramount in custody disputes, with the natural guardian's rights acknowledged while ensuring the child’s stability (Paras 3, 10, 11) (!) (!) (!) - The natural guardian (father) is entitled to custody, but a gradual transition with visitation and interim custody arrangements is permissible to serve the child’s welfare (Paras 10, 11) (!) (!) - Custody can be initially retained by the grandparents with directed visitation rights for the father, gradually transitioning to full custody in favor of the father by a specified date, taking into account the child’s education and stability (Paras 11) (!) - The court considered prior related decisions (Tejaswini Gaud, Gautam Kumar Das, Nirmala) to determine that extraordinary remedy under Article 226 can be invoked by the natural guardian in custody disputes when the other guardians lack legal rights, and that there is no hard and fast rule for habeas corpus custody petitions, depending on facts (Paras 7, 8) (!) (!) - The appeal was disposed of with a custody order: grandfather custody until 30.04.2025, with alternating weekend visitations to the father, and a transfer of custody to the father on 01.05.2025, subject to SHOs and post-handover visitation for grandparents thereafter; guardian petition closed (Paras 11, 12) (!) (!)
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant, father of a minor child, assailed the order of the Writ Court in a Habeas Corpus Writ Petition which denied the custody of the child who was with his grand-parents; his mother having passed away.
3. The learned Single Judge who disposed of the Writ Petition interacted with the child who submitted that he is comfortably residing and pursuing his education at his maternal grandfather’s house. It was also noticed that the father had re-married. On the basis of the above findings, it was opined that the welfare of the minor child; which is of paramount consideration, would be served by letting him continue with his grandfather; while the father was granted visitation rights to meet the child regularly on the first day of every month at the venue fixed by the jurisdictional Station House Officer.
4. Mr. Gopal Jha, learned counsel appearing for the appellant-father would rely on the decision of this Court in Gautam Kumar Das vs. NCT of Delhi and Another, (2024) 10 SCC 588 which emphasizes the need of the minor child to be with the natural guardian; especially when the mother is no more. It is pointed out that the circumstanc
The welfare of the minor child is paramount in custody disputes, with the natural guardian's rights being upheld while ensuring the child's stability during transition.
Custody of child – No hard and fast rule can be laid down insofar as maintainability of a habeas corpus petition in matters of custody of a minor child is concerned – As to whether writ court should ....
Points of Law : The principles of law in relation to the custody of a minor child are well settled. It is trite that while determining the question as to which parent the care and control of a child ....
Natural guardians of child have right to custody of child, but that right is not absolute and courts are expected to give paramount consideration to welfare of minor child.
The welfare of the minor child is the paramount consideration in custody disputes, and the fitness of the parents or guardians and the overall welfare of the child should be the primary and utmost co....
Custody of minor - Petitioner being father of the minor and natural guardian in terms of Section 6 of the Act of 1956 would be entitled to custody of the minor particularly since it is admitted that ....
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
The paramount consideration in child custody cases is the welfare of the child, overriding parental rights, as established by the court's inherent jurisdiction in habeas corpus petitions.
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