New Delhi, Feb 5 (UNI) The Supreme Court on Thursday said that the child custody adjudication cannot rest on the welfare of the child alone, but the courts must also consider a range of other relevant factors, including the conduct of the parents, their financial capacity, standard of living, and the comfort and education of the children.
Setting aside a judgment of the Jammu and Kashmir High Court which had restored the custody of two minor children to their mother, a Bench of Justice Pankaj Mithal and Justice SVN Bhatti observed that while the welfare of the child remains the paramount consideration, it is not the sole factor governing custody decisions.
“There is no dispute with the proposition that in matters of custody, the paramount consideration is the welfare of the children. Nonetheless, there are a host of other factors which weigh before the court while passing the final order of custody. These factors may include the conduct of the parties, their financial capacity, their standard of living, as well as the comfort and education of the children.
Therefore, it may not be entirely correct on the part of the High Court in holding that such factors are not very relevant and that the custody of the minors has to depend upon their welfare alone,” the Bench observed.
The appeal arose from a long-standing custody dispute between a divorced couple, both Indian citizens, concerning their two minor sons born in 2017 and 2019.
The Supreme Court noted that the High Court had failed to accord due weightage to several crucial circumstances, including the conduct of the mother, while deciding the issue of custody.
Holding that these aspects were “material” and directly relevant to the determination of custody, the Bench ruled that they could not have been brushed aside on the ground that welfare alone was determinative.
Accordingly, the Supreme Court set aside the High Court’s judgment and recommended the matter for fresh consideration on merits. The High Court has been directed to decide the case expeditiously, preferably within a period of four months.
Senior Advocate Meenakshi Arora appeared for the appellant, while Senior Advocate Altaf Hussain Naik represented the respondent.
Child custody decisions must consider multiple factors beyond welfare alone: SC
