VidhiSangh

Supreme Court of India · 08/05/2024

COL. RAMNEESH PAL SINGH versus SUGANDHI AGGARWAL

[2024] 6 S.C.R. 259 · 2024 INSC 397

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Summary

Child welfare, assessed holistically with due weight to an intelligent preference, governed custody. A court could not disregard the children’s wish to remain with their father merely because parental alienation could not be ruled out; specific alienating behaviour had to be identified. The record supported their wellbeing and contained no such foundation. The father’s custody and the mother’s Family Court visitation rights were restored, setting aside the High Court’s shared-custody arrangement.

Issues

  1. How welfare and the children’s expressed preferences should determine custody.
  2. Whether an unsubstantiated possibility of parental alienation justified overriding those preferences.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside. Father’s custody retained subject to the mother’s Family Court visitation rights; no costs.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 259.