VidhiSangh

Supreme Court of India · 06/05/2019

TEJASWINI GAUD AND ORS. versus SHEKHAR JAGDISH PRASAD TEWARI AND OTHERS

[2019] 7 S.C.R. 335 · 2019 INSC 630

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

Summary

Habeas corpus appropriately restored an infant to her surviving father where maternal relatives, who had cared for her during both parents’ illnesses, refused to return her after his recovery and the mother’s death. Welfare remained paramount over statutory preference. The father had neither abandoned nor neglected the child and was fit, supported and able to care for her. The Court upheld custody while prescribing phased access for two relatives to ease the transition.

Issues

  1. Whether habeas corpus was maintainable to recover the child from relatives despite ordinary guardianship remedies.
  2. Whether the child’s welfare favoured the surviving father and what access arrangements were appropriate.

Held

Result

Appeal disposed of; High Court custody direction affirmed subject to paragraph 36 access arrangements. Child to be handed to the father on 10 May 2019 at 10 a.m. Initial daily access for appellants 2 and 3 for three months, then weekend visits at his home, and weekend outings after age four. High Court may modify access.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 335.