VidhiSangh

Supreme Court of India · 20/08/2024

GAUTAM KUMAR DAS versus NCT OF DELHI AND OTHERS

[2024] 8 S.C.R. 451 · 2024 INSC 610

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Summary

The Supreme Court directed that custody of a minor girl be handed to her father, her sole natural guardian, by her late mother's sisters, who had cared for her after the mother died of Covid-19 days after the birth. The Court held that temporary custody given out of necessity could not defeat the father's claim, that his habeas corpus petition under Article 226 was tenable on these facts, and that the child's welfare lay with her natural family.

Issues

  1. Whether the father, as natural guardian, could seek custody of his minor daughter from her maternal aunts through a habeas corpus petition under Article 226 instead of being relegated to the family court.
  2. Whether the aunts' care of the child for some years, after the father handed her over temporarily, justified denying him custody.
  3. What the welfare of the child required on the facts.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside; respondents 5 and 6 directed to hand over custody of the child to the appellant forthwith, with liberty to meet her at the appellant's residence every Wednesday from 4 pm to 6 pm.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 451.