NDLI: Gautam Kumar Das Vs. Nct of Delhi and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Covid-19 Welfare of the minor child Maintainability of the habeas corpus petition in the matters of custody Natural guardian Visitation rights. Grant of custody of the minor child to the father-only natural guardian Custody Unlawful custody
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India 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 Allowed
Headnote	Custody – Claim of – Appellant-father, only surviving biological parent seeking custody of the minor daughter from the alleged unlawful custody of his sister-in-laws – Husband lost his wife just ten days after the birth of their daughter and thereafter, his father due to Covid-19 – Due to the loss, the father handed over the custody of his minor daughter to his sister-in-law as an interim arrangement, however, his son who was relatively older was with him – Subsequently, on his remarriage, he sought custody of his minor daughter, but was refused – Father filed petition under the 1890 Act, seeking custody of his minor daughter but the case was withdrawn – Father then filed habeas corpus petition seeking custody – High Court disposed of the petition granting liberty to the parties to approach the family court – Correctness:Held: In matters of the custody of minor children, the paramount welfare of the child is seen – There cannot be any straight- jacket formula – Also, no hard and fast rule can be laid down as regards the maintainability of the habeas corpus petition in the custody matters of minor child – Exercise of jurisdiction by the writ court u/Art. 226 or not would depend on the facts and circumstances of each case – Merely because of the unfortunate circumstances, sister-in-laws were given the temporary custody of the minor child to nurture the infant and only because they looked after her for few years, the same cannot be a ground to deny the custody of the minor child to the appellant-her only natural guardian – Subsequently, the appellant remarried – Now, he and his wife can very well look after the minor girl – Perusal of the photographs reveal that the minor child has gelled well with the family – Appellant is well educated and employed as Government Official in Delhi, having residence in Delhi whereas the sister-in-law to whom the custody of the child was handed over is residing at a remote village – Appellant apart from taking care of his children, can very well provide the best of the education facilities to his children – Child, who lost her mother at tender age, cannot be deprived of the company of her father and natural brother – Even in order to ensure the welfare of the minor child, she should live with her natural family – Minor child would get adapted to her natural family very well in a short period – Thus, impugned judgment and order of the High Court quashed and set aside – Sister-in-laws to handover the custody of the minor child, however, permitted to meet her at the residence of the appellant at the given time – Constitution of India – Guardians and Wards Act, 1890. [Paras 11-17]
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2024 INSC 610
Petitioner	Gautam Kumar Das
Respondent	Nct Of Delhi And Others
SCR	[2024] 8 S.C.R. 451
Judgement Date	2024-08-20
Case Number	3447

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Gautam Kumar Das Vs. Nct of Delhi and Others

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Gautam Kumar Das Vs. Nct of Delhi and Others

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