
'Best Interests Of The Child': SC Reverses Custody Ruling Based On Psychological Needs
The Supreme Court reversed its verdict, restoring custody of a 12-year-old boy to his mother after new evaluations showed him to be distressed due to transfer of custody to father
In a significant reversal of its earlier verdict, the Supreme Court has accepted a review petition filed by a woman against its August 22, 2024 judgment that had granted permanent custody of her 12-year-old son to her former husband.
This decision comes after new psychological evaluations revealed that the child was suffering from severe mental distress following the transfer of custody. A bench comprising Justices Vikram Nath and Prasanna B Varale invoked the court's parens patriae jurisdiction, stressing that in custody matters intersecting with constitutional review standards, overly technical interpretations must give way to the evolving and sensitive needs of the child.
The judges observed that 'a far too hyper-technical approach shall indeed amount to abandoning the doctrine of parens patriae and cause travesty of justice", reiterating that the guiding principle in all custody cases remains the best interest of the child. They held that this standard is 'ever-evolving and cannot be confined in a straitjacket".
The mother had remarried, converted to Christianity, and planned to relocate the child to Malaysia. The earlier judgment that transferred custody to the biological father had relied on traditional assumptions favouring the father's position.
New facts on record, however, prompted judicial reconsideration. The petitioner presented psychological assessments from Christian Medical College (CMC), Vellore, indicating that the child was experiencing clinical anxiety and symptoms of separation anxiety disorder. It was noted that the child had never spent a night apart from his mother, and the sudden transfer of custody had caused intense emotional distress.
The mother further argued that the child views her husband from the second marriage as a father figure and shares a close bond with his half-brother. She stressed that their family unit has been stable for years and that disrupting this arrangement would irreversibly damage the child's mental health.
The court acknowledged these reports and noted that the child finds 'calm and refuge" in his mother's presence and considers his stepfather an essential paternal figure. It also recognised that the stepfather had made committed representations regarding the child's education and welfare and was financially capable of supporting the child.
Conversely, the biological father challenged the hospital reports, claiming that they were based on biased narratives provided by the mother and her husband. He accused the woman of deliberately keeping the child away from him between 2016 and 2019.
The court, however, observed that these allegations did not diminish the current psychological impact on the child or negate the strength of his emotional ecosystem. The bench underscored that the father's right to parenthood, while important, could not override the child's well-being.
'It would be extremely harsh and insensitive for the courts of law to expect the child to accept and flourish in an alien household where his own biological father is akin to a stranger," the court observed.
Restoring permanent custody to the mother, the court recognised the father's right to build a bond with his son. Visitation rights were granted, allowing him to meet the child regularly.
The court stressed that any relationship must evolve organically, over time, with emotional patience and responsibility. The bench cautioned the father against making 'crude or insensitive remarks" and said no bond can be imposed abruptly.
'A father-son relation can only be fostered patiently over years, marked by continued presence and nurtured with love, care and empathy," it said.
The court also imposed restrictions on international relocation. The mother cannot permanently move the child outside India but will be permitted to take him abroad during Onam, Christmas, and for half of his summer vacation. It reminded both parents of their constitutional and moral duty to protect the child's psychological and emotional well-being.
The judgment encouraged effective communication between them and urged mutual respect despite their personal differences. 'Parents must not allow their bitter past to impede the emotional health of the child," the court cautioned.
The judgment concluded by urging the mother to facilitate the child's acceptance of both parents for a balanced emotional upbringing. In a case blending constitutional interpretation with child psychology, the court reaffirmed its commitment to prioritising welfare over formality.
Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated!
tags :
child custody
view comments
First Published:
Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Time of India
an hour ago
- Time of India
2 women get 12-year rigorous imprisonment for heroin possession
Ludhiana: A local court sentenced two women drug peddlers, who are siblings, to 12-year rigorous imprisonment each for possession of around 1kg heroin. Special court judge Harvinder Singh also imposed a fine of Rs 1 lakh each on the two convicts. In default of payment of the fine, they will have to undergo further rigorous imprisonment for one year. On July 6, 2020, STF Phase Four, Mohali, police station booked Kiran Bala of Chuharpur, now a tenant at Mohalla Durgapuri, and Suman Bala of the same area, under the NDPS Act for possession of the contraband. As per the prosecution, on that date, SI Gurcharan Singh and a police party at Jassian Road area of Haibowal, received information that the sisters were to supply heroin to a customer from their house in Durgapuri. Later, the police party apprehended the duo riding a scooter driven by Kiran Bala. Upon checking, a large black polythene bag containing heroin was recovered. Police filed a case and arrested them. During trial, the accused pleaded false implication and stated that nothing was recovered from them. The defence counsel contended that the alleged independent witness, Ismile alias Yusuf, who allegedly witnessed the recovery, was not examined by the prosecution. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Elin Nordegren Show Off Her Huge Size In New Vacation Photos 33 Bridges Undo In the absence of his testimony, statements of official witnesses could not be believed. The court didn't find force in the submission of the defence counsel and held, "It is now settled law that the testimony of police officials is as good as that of independent witnesses. The statements of police officials cannot be discarded merely because of the colour of their office. Whenever the case of the prosecution is based only on the statements of police officials, the only precaution for the court is to scrutinise their testimony with some more care and caution. " The court also turned down the submission of the accused about false implication in the case. The court observed that in view of the law laid down by the Supreme Court in the aforesaid case and in view of the facts, possession of the accused is fully proved on record, and they failed to give a satisfactory explanation for that. "Moreover, there appears to be no justification for the police to falsely implicate the accused, from whose possession a huge quantity of contraband was recovered. It is highly improbable that such a huge quantity of intoxicant material would be arranged by the police officials in order to falsely implicate the accused," the court remarked. MSID:: 122902813 413 |


Time of India
2 hours ago
- Time of India
Gang involved in digi arrest cases busted; three arrested
Lucknow: Lucknow Police arrested three members of a pan-India cyber fraud gang involved in at least 67 scams across Gujarat, Rajasthan, Bihar, Jharkhand, Delhi, Himachal Pradesh and Chandigarh worth over Rs 100 crore. The gang was also involved in a recent case in the city where a 73-year-old woman was duped of Rs 56 lakh. Among those arrested are Mohammed Zaid, a law student from a private university, Chitransh Kunwar, a medical equipment businessman from Indiranagar, and Mohan Kumar Rawat of Sugamau. They used fake identities, forged court documents, and a numberless SUV posing as a legal vehicle to avoid suspicion. The kingpin, Sameer Ansari alias Munna Bhaiya, is currently absconding, and efforts are ongoing to trace him, said additional DCP, Cyber Cell, Rallapalli Vasanth Kumar. Kumar said that the gang came under the scanner after Rita Bhasin, a resident of IT Colony in Aishbagh, lodged a complaint on July 18. She was targeted by fraudsters posing as CBI officials who claimed her Aadhaar and mobile number were linked to criminal activity and that an FIR was registered in Andheri East, Mumbai. The scam further escalated when the caller initiated a WhatsApp video call, during which one of the fraudsters, dressed in a police uniform, aggressively threatened her, citing alleged links to a money laundering case and the possibility of jail time. According to the complaint, the victim, already in a state of anxiety, was coerced into isolating herself in a private space where she was forced to remain in view of a video camera. The fraudster even went as far as providing an "Supreme Court bank account" number, assuring her that transferring 99% of her funds would later be "recovered" following an investigation. Throughout the process, the culprits bolstered their deception by sending fake arrest warrants and court orders as further evidence of their fabricated authority. DCP Kumar added that the arrested individuals were found to have been using their vehicle—stripped of its number plate—to travel for money collection activities. "Investigations have so far uncovered 67 cases of similar fraud across different states, with the recovered funds funnelled into bank accounts provided by the accused," he said. Probe into the scam revealed that members of the gang communicated through a private group chat.


Hindustan Times
4 hours ago
- Hindustan Times
SC upholds man's conviction in minor sexual assault, modifies sentence to life term
The Supreme Court on Friday upheld the conviction of a man in a sexual assault case of a minor girl but modified his sentence to life term instead of prison time for the remainder of natural life. The top court's verdict came on the man's appeal against a September 2023 order of the Chhattisgarh High Court.(File Photo) A bench of Justices Vikram Nath and Sandeep Mehta found merit in the submission that since the offence was committed in May 2019, the amended provision of Section 6 of the Protection of Children against Sexual Offences Act (POCSO) Act could not have been applied to his case. Section 6 deals with punishment for aggravated penetrative sexual assault. The bench noted the amended provision of Section 6 of the Act came into force on August 16, 2019. Prior to the 2019 amendment, the court noted, Section 6 entailed a minimum punishment of 10 years and a maximum of life imprisonment along with the fine. Referring to Article 20(1) of the Constitution, which deals with protection in respect of conviction for offences, the bench said, "The constitutional bar against retrospective imposition of a harsher penalty under Article 20(1) is clear and absolute." The trial court was observed to have applied the enhanced sentence introduced by the 2019 amendment to Section 6, effectively subjecting the convict to a punishment greater than what was permissible under the law at the time of the offence. "The sentence of 'imprisonment for life, meaning remainder of natural life', as per the amended provision, did not exist in the statutory framework on May 20, 2019, the date of the incident," the bench said. Under the unamended Section 6, the maximum punishment permissible was life term in its conventional sense and not imprisonment till remainder of natural life. "Accordingly, while we uphold the conviction of the appellant under section 6 of the POCSO Act, we modify the sentence to that of rigorous imprisonment for life, as understood under the unamended statute, and set aside the sentence of imprisonment for the remainder of the natural life," it said. The ₹10,000 fine imposed on him was, however, upheld. The top court's verdict came on the man's appeal against a September 2023 order of the Chhattisgarh High Court. The high court rejected his plea against a trial court verdict, convicting and sentencing him to life imprisonment for remainder of his natural life with the fine. The man was booked in 2019 on the complaint of the father of the minor survivor.