The Supreme Court has ordered that custody of a minor child be handed back to the maternal grandparents after personally interacting with the child and assessing what would best serve the child’s welfare.
A Bench of Justices J.B. Pardiwala and K. Vinod Chandran passed the order on August 7, 2026, while dealing with a contempt petition arising from an earlier custody dispute.
Background Of The Case
The contempt petition was filed by the child’s maternal grandparents, who alleged that the earlier Supreme Court directions concerning custody and visitation had not been followed. The child’s mother, who was the daughter of the petitioners, had died, and the grandparents had been taking care of the child.
In its earlier order, the Supreme Court had directed that the child remain with the grandparents until April 30, 2025, allowing the father time to reconnect with the child during alternate weekends. From May 1, 2025, custody was to be transferred to the father, while the grandparents were given visitation rights every second Saturday.
The grandparents later complained that the child had not been sent to them even once. The father, on the other hand, stated that the grandparents had also not come to take the child during the permitted visitation period. The Court also noted that the father had subsequently been transferred to a location far from the grandparents’ residence.
Supreme Court Interacts With The Child
Before deciding the matter, the Bench directed that the child be produced before it. The judges interacted with the child in the Committee Room.
After the interaction, the Court formed the view that the child’s welfare would be better served while living with the maternal grandparents. The Bench observed that
“the interest and welfare of the child would be best served” if the grandparents looked after the child.
The Court also took note of the child’s circumstances with the grandparents and the fact that the child had obtained admission to a prestigious institution, with the fees already paid when custody was earlier directed to be transferred to the father.
Court’s Decision
Considering the overall circumstances, the Supreme Court directed that the child be handed over to the maternal grandparents. A maternal uncle was permitted to take the child from the Court.
The Bench clarified that the grandparents could pursue their claim for maintenance in accordance with law. As regards the father’s visitation, the Court said he would first have to build confidence in the child. If the child also desired such contact, the father could be permitted to meet the child once every three months, under strict supervision of the grandparents or maternal uncles.
The Court noted that although the proceedings were technically for contempt, it considered it appropriate to exercise its “parens patriae” jurisdiction, meaning its protective jurisdiction to act in the welfare of a child.
The contempt case was accordingly closed with the above custody directions.
Case Details:
Case Title: Ashok Kumar Tiwari v. Vivek Kumar Chaturvedi and Ors.
Case Number: Contempt Petition (C) No. 251 of 2026 in Criminal Appeal No. 623 of 2025
Judge: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Decision Date: August 7, 2026
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