Child welfare is supreme in custody cases, says SC

The consideration of the wellbeing and welfare of the child must get precedence over the individual or personal rights of the parents

— Supreme Court

The Supreme Court has ruled that in matters involving the custody of a minor child having foreign citizenship, the predominant right of child welfare can’t be weighed against the rights of parents who involved in a dispute over the repatriation of the child.

“The issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents,” said a bench comprising Justice

Ajay Rastogi and Justice Abhay S, Oka in a judgment on Wednesday.

Speaking for the bench, Justice Oka said, “The principle that the welfare of the minor shall be the predominant consideration and that the rights of the parties to a custody dispute are irrelevant has been consistently followed by this court.”

The Supreme Court said that whenever it gives the custody of a minor child to one of the parents, it is normally accompanied with the visitation right to the other parent.

“The orders for visitation rights are essentially passed for the welfare of minors and for the protection of their right of having the company of both parents. Such orders are not passed only for protecting the rights of the parents”, the Supreme Court said adding that all orders passed in minor child custody disputes are centred around protecting their (child) welfare and rights.