Natural Guardian's Right To Custody Of Child Not Lost Just Because Temporary Custody Was Given To A Relative: Supreme Court

While granting custody of a minor daughter to her father, 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.

After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter who required female care. However, after remarrying, the Appellant(father) sought custody of her minor daughter from her sister-in-law by contending that now he and his wife could take care of the minor daughter and the child had adapted well with her natural father, and brother during the visitation rights granted to them to meet the minor.

“In our opinion, 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.”, the bench comprising Justices BR Gavai and KV Viswanathan said.

The Court found that the Appellant/Father, who is well educated and employed as a government official, can take care of her minor daughter if the custody is being transferred to them.

“Apart from taking care of his children, the appellant can very well provide the best of the education facilities to his children. The child , who lost her mother at tender age, cannot be deprived of the company of her father and natural brother. 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.”, the Judgment authored by Justice BR Gavai said.

The Court accepted the Appellant's argument that upon remarriage he along with his wife could take care of her child and noted that “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.”

The Court referred to the case of Tejaswini Gaud and Others v. Shekhar Jagdish Prasad Tewari and Other, where the Court affirmed a Bombay High Court judgment that directed the relatives of a deceased mother to hand over the custody of the child to the father.

“As discussed hereinabove, we find that, 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 minor child is of tender age, and she will get adapted to her natural family very well in a short period. We are therefore inclined to allow the appeal.”, the court concluded.

Case Title: GAUTAM KUMAR DAS VERSUS NCT OF DELHI AND OTHERS, SLP(Crl) No. 005171 - / 2024

Citation : 2024 LiveLaw (SC) 586

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