VidhiSangh

Supreme Court of India · 16/09/2025

KOMAL KRISHAN ARORA & ORS. versus SANDEEP KUMAR & ORS.

[2025] 9 S.C.R. 1085 · 2025 INSC 1123

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Summary

In a cross-border custody dispute, the Supreme Court upheld the High Court's habeas corpus order giving interim custody of a young son, left by the mother with her parents in India while she moved to the UK with the daughter, to the father as natural guardian. Treating the child's welfare as paramount and deprecating the mother's concealment from courts in India and the UK, it directed handover of custody, regular access for the mother, sibling and maternal grandparents, and the filing of proceedings under the Guardians and Wards Act, 1890 within a month.

Issues

  1. Whether the High Court's habeas corpus directions handing interim custody of the minor son to the father warranted interference.
  2. Whether, pending properly instituted custody proceedings, the child's interim custody should remain with the maternal grandfather or be given to the father.
  3. How the paramount consideration of the child's welfare is to be applied where parallel proceedings and a foreign court's judgment exist.

Provisions considered

Held

Result

Appeal dismissed with directions: the maternal grandfather to hand over the child to the father within fifteen days; proceedings under the Guardians and Wards Act to be filed within one month; weekly audio/video access for the mother and sibling, Sunday visitation for the mother when in India and for the maternal grandparents; the father not to take the child abroad without the jurisdictional High Court's leave; the Juvenile Justice Board/Magistrate to monitor the child's well-being through the Child Welfare Committee. Connected SLP and contempt petitions disposed of.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 1085.