Minor’s welfare priority in granting custody: SC
The Supreme Court on Friday held that the welfare of minor child is the paramount consideration while granting custody of the child either to father or mother, separated after divorce.
A bench of Justices A.K. Sikri and R.K. Agrawal gave this ruling while entrusting custody of a 15year-old girl to the father, ignoring the claims of the mother who chose to live in the United Kingdom.
The bench said in the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration. The best interest of the child has been placed at the vanguard of family/custody disputes according the optimal growth and development of the child primacy over other considerations.
Writing the judgement Justice Sikri said the effect of separation of spouses, on children, psychologically, emotionally and even to some extent physically, spans from negligible to serious, which could be insignificant to noticeably critical. Rightful place of the child has been recognised in many international forums, which are adopted in this country as well.
Child-centric human rights jurisprudence that has been evolved over a period of time is founded on the principle that public good demands proper growth of the child, who are the future of the nation.
Allowing appeal filed by father Jitender Arora, the bench pointed out that in this case the child Vaishali is a mature girl of 15 years of age. At this age, she can fully understand what is in her best interest. She is competent to take a decision for herself. There has been interaction with her by different Benches of this Court from time to time.