VidhiSangh

Supreme Court of India · 04/03/2024

SHAZIA AMAN KHAN AND ANOTHER versus THE STATE OF ORISSA AND OTHERS

[2024] 3 S.C.R. 10 · 2024 INSC 163

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In this custody dispute, the child had lived with the appellants and respondent No. 10 since infancy and told the Court she wished to remain with them. Considering her welfare, stability and expressed preference, the Court set aside the High Court’s direction to transfer custody to her biological father.

Issues

  1. Where did the child’s welfare lie, considering her long-standing placement, stability and expressed preference?
  2. Did the dispute concern appointment of a guardian or only custody?

Provisions considered

Held

Result

Appeal allowed; the High Court’s custody order was set aside and the father’s writ petition for custody dismissed. The appellants were expected to adhere to their assurances recorded during the hearing.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 10.