Case Note & Summary
The Supreme Court disposed of a Special Leave Petition filed by the mother (DSG) challenging an interim order of the Delhi High Court dated 26.03.2019, which confirmed the Family Court's custody arrangement placing the minor daughter with the father (AKG). The minor daughter, born on 21.08.2007 and over 12 years old, was residing with the father and studying in Class VII. The father had filed a Guardianship Petition before the Family Court, Tis Hazari, seeking custody on grounds that the mother suffered from Paranoid Schizophrenia, treated the child with cruelty, and prevented father-child meetings. The mother resisted, alleging sexual abuse by the father. The Family Court appointed three counsellors who submitted reports indicating the child's complaints against the mother and her desire to live with the father. The child denied the sexual abuse allegations. The Family Court granted interim custody to the father with visitation rights to the mother. The mother's appeal to the High Court was dismissed. During proceedings, the mother took the child to Goa without permission, leading to contempt proceedings and suspension of her visitation rights, later restored under supervision. The Supreme Court interviewed the child and found her articulate and unequivocal about her desire to reside with the father, who provided love, affection, care, and educational support. The Court held that the welfare of the child is paramount and that the child's intelligent preference should be given due weight. The Court affirmed the Family Court's order granting custody to the father and visitation rights to the mother, noting that the findings were prima facie at an intermediate stage. The petition was disposed of accordingly.
Headnote
A) Family Law - Child Custody - Welfare of Child - Paramount Consideration - The Court, exercising parens patriae jurisdiction, held that the welfare and well-being of the child is the paramount consideration in custody matters, and the Court is not bound by statutes, strict rules of evidence, procedure, or precedent (Para 24). B) Family Law - Child Custody - Child's Preference - Intelligent Preference - The Court gave due weight to the child's intelligent preference, as the minor daughter, over 12 years old and articulate, unequivocally expressed her desire to reside with her father, who provided love, affection, care, and assistance in her education (Para 24). C) Family Law - Child Custody - Allegations of Sexual Abuse - Unsubstantiated - The Court found that video clippings submitted by the mother did not prima facie support her allegation of sexual abuse by the father, and the child denied such allegations (Paras 21, 24). D) Family Law - Child Custody - Mother's Mental Illness - Paranoid Schizophrenia - The Court noted that counsellors' reports indicated the mother showed symptoms of Paranoid Schizophrenia requiring treatment, which could make the child vulnerable if untreated (Paras 11, 24).
Issue of Consideration
Whether the custody arrangement of the minor daughter with the father should be altered pending final determination, considering allegations of sexual abuse and mother's mental illness.
Final Decision
The Supreme Court affirmed the Family Court's order granting custody of the minor daughter to the father and visitation rights to the mother as specified in the order dated 03.05.2019. The Special Leave Petition was disposed of, and pending applications were disposed of. The findings were prima facie at an intermediate stage.
Law Points
- Welfare of child is paramount in custody matters
- Court not bound by strict rules of evidence or procedure
- Child's intelligent preference given due weight
- Parens patriae jurisdiction
