NDLI: Sheoli Hati Vs. Somnath Das

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Guardian and Wards Act father seeking custody 1890 welfare of the child ss.7 and 12 minor girl parens patriae
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Guardians and Wards Act, 1890 (8 of 1890)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Guardian and Wards Act, 1890: ss.7 and 12 – Application under – By father (respondent) – Seeking custody of minor girl-child – Alleging that mother (appellant) was obstructing his visiting rights granted by the Court, pursuant to divorce between the parties – Later the respondent gave up the claim of custody and sought direction to admit the child in any reputed boarding school in India at his expenses – Family Court directed that custody of the child would be with mother alongwith visiting rights of father and that the child would be admitted to boarding school after attaining the age of 12 years i.e. for academic session 2019-2020 – Cross-appeals by the parties – High Court by interim order dated 26.4.2018, directed the child to be admitted in a reputed residential school at Ooty for the session 2018-2019 – Pursuant to direction of the High Court, the child was admitted to the residential school at Ooty – Appeal to Supreme Court – Held: While taking a decision regarding custody or issues pertaining to a child, welfare of the child is of paramount consideration – The courts in exercise of parens patriae jurisdiction have to consider the welfare of the child as of paramount importance – It is evident from the record that father’s intention had always been that the child got best education at a neutral environment – The Court has to take extra caution to ensure that the child is kept away from negative influences – What is in the best interest of the child depends on the facts and circumstances of each case – It would be appropriate that the High Court finally decides the appeals after taking into consideration subsequent materials.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 751
Petitioner	Sheoli Hati
Respondent	Somnath Das
SCR	[2019] 9 S.C.R. 212
Judgement Date	2019-07-11
Case Number	5388

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Sheoli Hati Vs. Somnath Das

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