Supreme Court: Father Wins Custody After Remarriage, Temporary Custody Ruled Non-Permanent

By Legal Wires 6 Minutes Read

In a significant ruling, the Supreme Court granted custody of a minor daughter to her natural father, highlighting that temporary custody arrangements with relatives do not preclude a parent from seeking custody. The case arose after the unfortunate death of the child’s mother during the COVID-19 pandemic. Initially, the father had entrusted his sisters-in-law with the child’s care due to the need for female supervision. However, after remarrying, he sought to regain custody, contending that he and his new wife could now adequately care for the child. The Court, in its judgment, underscored the importance of the child’s welfare and the natural guardian’s rights, drawing on precedents to support its decision.

Court’s Observations and Ruling

• The Supreme Court observed that “granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.” This was in reference to the father’s decision to temporarily leave his minor daughter with her aunts following her mother’s death during the pandemic.
• The father had asked his sisters-in-law to care for his daughter, who required female care at that time. However, upon remarrying, he sought custody, arguing that his new wife could now provide the necessary care.
• The Court found merit in the father’s appeal, noting that “merely because of the unfortunate circumstances faced by the appellant as a result of which, respondent Nos. 5 and 6 were given the temporary custody of the minor child… 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, who is her only natural guardian.”

Considerations for Custody Transfer

• The bench comprising Justices BR Gavai and KV Viswanathan determined that the Appellant/Father was well-educated, employed as a government official, and fully capable of providing for his daughter. The Court emphasized that “the child, who lost her mother at a tender age, cannot be deprived of the company of her father and natural brother.”
• The Court also acknowledged that at the time of his wife’s death, the father had no choice but to rely on her sisters to care for his daughter. The Court remarked, “at the relevant time, the appellant had no other option but to look upon the sisters of his deceased wife to nurture his infant child.“
• After reviewing the situation post-remarriage, the Court accepted the father’s argument that he and his new wife could now care for the child. The Court noted, “a perusal of the photographs placed on record would also reveal that pursuant to the visitation rights granted by the High Court and this Court, the minor child has gelled well with the family and the family of four appears to be happy.“

Reference to Previous Judgments

• The Court referred to the case of Tejaswini Gaud and Others v. Shekhar Jagdish Prasad Tewari and Others, where the Supreme Court upheld a Bombay High Court decision directing the relatives of a deceased mother to return custody of a child to the father.
• In conclusion, the Supreme Court found that not only was the father the natural guardian, but it was also in the best interest of the minor child to be with her natural family. The Court stated, “apart from the appellant being the natural guardian, even in order to ensure the welfare of the minor child, she should live with her natural family.“
• The Court expressed confidence that the child, being of tender age, would quickly adapt to living with her natural family, thus concluding that “we are therefore inclined to allow the appeal.“

Click to read: GAUTAM KUMAR DAS VERSUS NCT OF DELHI AND OTHERS, SLP(Crl) No. 005171 – / 2024

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