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J. K. MAHESHWARI, VIJAY BISHNOI
Komal Krishan Arora – Appellant
Versus
Sandeep Kumar – Respondent
Key Points: - The judgment emphasizes welfare of the child as the paramount consideration in custody decisions. (!) (!) - It addresses conflicts between parents seeking divorce in different jurisdictions and notes attempts at mediation have failed, with both parties entitled to pursue decrees in their respective jurisdictions. (!) - The Court transfers interim custody of Master K to the father within fifteen days and lays out conditions for custody, visitation, and safeguards, including proceedings under Guardians and Wards Act and oversight by Juvenile Justice Board/Child Welfare Committee. (!) (!) (!) (!) (!) - The UK High Court and Indian proceedings are acknowledged, with references to respective orders on visitation, relocation, and guardianship, and the Supreme Court dismisses the appeal, upholding interim custody to the father. (!) (!) (!) (!) (!) (!) - Visitation rights are defined for mother and maternal grandparents, and safeguards to prevent international removal of Master K are imposed. (!) (!) (!) - The order requires custody to be handed over to the father by 30.09.2025 and subsequent Guardian and Wards Act proceedings to be initiated within one month. (!) (!) - The case highlights concerns about conduct of both parents and emphasizes child welfare over parental disputes. (!) (!)
JUDGMENT :
J.K. MAHESHWARI, J.
Criminal Appeal No. _______ of 2025 (@ SLP (Crl) No. 9497 of 2021)
1. Leave granted.
2. In an ongoing prolonged discord of ties between husband – Sandeep Kumar @ Sandeep Chugh (hereinafter referred as ‘father’) and wife – Latika Arora @ Latika Chugh (hereinafter referred as ‘mother’) who got married on 29.11.2010, leading to further dispute on visitation over their two children, minor daughter ‘Miss N’ (currently staying with mother in England and Wales) and minor son ‘Master K’ (currently staying with grandfather – appellant No.1), the writ petition seeking writ in the nature of habeas corpus came to be filed by father on an unhealthy note before the High Court of Punjab and Haryana at Chandigarh alleging illegal custody of children with appellants.
3. The case of the father in brief is that, the mother left India for United Kingdom on 08.05.2021 with both the children without informing him and his consent. The father being clueless about the whereabouts of his children, made an attempt to figure out the same through child helpline. Through correspondence and enquiry dated 01.06.2021, the child helpline informed that his children are not in India. It was
Custody of child – Welfare of child should prevail over other factors.
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.
Indian courts can enforce foreign parenting orders for child custody, prioritizing the child's welfare and establishing illegitimacy of custody if it violates those orders.
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