The has declined to grant the of a minor girl to her Filipino mother, concluding that the child’s best interests are fundamentally rooted in her current environment with her paternal grandparents in India. A division bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash delivered the verdict, emphasizing that the child’s stability and ongoing development must take precedence over the biological mother’s claims for , particularly given the mother’s professional commitments in Vietnam and the child’s status as an Indian citizen.
The legal battle began when the mother, Nenelle Beronilla Dayandayan, filed a petition in the nature of a , seeking the production of her young daughter and a permanent transfer of to her. The petitioner, a Philippine national residing in Hanoi, Vietnam, where she works as a kindergarten teacher, had previously been in a long-term live-in relationship with the father, an Indian citizen employed with as a Principal Technology Architect. Following the birth of their daughter in Bengaluru in , the couple’s relationship deteriorated, leading the petitioner to return to her country of origin while the child remained in India.
In its assessment, the Court analyzed the threshold maintainability of a habeas corpus petition in disputes. Relying on established precedents from the , including and , the bench affirmed that while such a writ is indeed maintainable in matters, the court’s is not merely statutory but is rooted in its inherent equitable power as . This doctrine allows the court to act as a guardian of all infants, specifically prioritizing the welfare of the child over the legal rights of the parents.
The Court observed that the child, who is an Indian citizen, has been living with her paternal grandparents in the Jajpur district of Odisha for the majority of her life. The bench was particularly concerned about the potential psychological impact of removing the child from this established, stable environment. The judges noted that the photographs submitted during the proceedings depicted a happy, well-adjusted child. They reasoned that uprooting the minor from her familiar surroundings could cause a "cascading effect" on her emotional and cognitive development, a risk that outweighed the petitioner's arguments for maternal .
"It is, thus, no gain saying that the
are not restricted solely on the physical comfort and/or material advantages but founded upon a variety of factors, viz., general, psychological, spiritual and emotional welfare and above all, what would be the best for a healthy growth, development and education of the child so that she may be prepared to face the vagaries of life as a matured adult,"
the Court remarked.
The petitioner had alleged that the grandparents were failing to provide proper care and that her access to the child—even through video calls—had been restricted. However, the father countered these claims, asserting that he remains deeply involved in his daughter's upbringing despite his professional travels and that the child is thriving in the care of the grandparents. The Court also took into account that the mother has children from a previous marriage who reside in the Philippines, further complicating the logistical realities of providing a full-time, stable environment for the daughter in her current place of residence in Vietnam.
In its ruling, the High Court declined to grant the mother’s prayer for physical
, stating that the
"
"
cannot be determined by a "
." Instead, the Court focused on creating a balanced arrangement that preserves the maternal bond while ensuring the child’s continued domestic stability.
Addressing the need for continued connection, the bench issued specific operational directives to both parties. The father was ordered to facilitate daily interaction between the child and the mother through video calls, provided these sessions do not disrupt the child’s sleep or daily routines. Furthermore, the Court established a framework for physical visitation. Whenever the mother visits India, she is to be granted exclusive time with her daughter. To support this, the Court ordered that the father, Mrutunjaya Kar, must provide for the air travel and accommodation expenses within Odisha for the petitioner to ensure that financial constraints do not impede her access to the child. Before the mother returns to Vietnam or the Philippines, the daughter must be returned to the of the grandparents in Jajpur.
This judgment reinforces the judiciary’s shift toward a child-centric approach in litigation, where the emotional and physical environment of the minor is viewed as the "supreme asset" of the nation. By prioritizing the existing, stable caregiving arrangement over the custodial demands of one parent, the High Court has reaffirmed that the law’s primary duty is to protect the minor from the turbulence of adult disputes, ensuring that the child’s developmental trajectory remains undisturbed. The case now stands disposed of, with the parties expected to adhere to the Court's strictly mandated visitation and support schedule.
child custody - welfare of child