The Delhi High Court on Tuesday upheld a Family Court order granting interim custody of two minor children to their mother, concluding a long and emotionally charged battle between Gautam Mehra and Sonia Mehra. The division bench, after a detailed hearing that stretched over several months, made it clear that “the welfare of the children rises above every other consideration, including the rights of the parents.”
Inside the courtroom, the atmosphere was tense but steady. Both parents sat quietly while the bench delivered its ruling with measured firmness.
Background
The couple married in 2009 and lived with their two children - a teenaged daughter and a younger son - at their South Delhi home until marital discord erupted in 2023. As relations worsened, Gautam Mehra moved out with both children to a Gurugram apartment.
This move set off a flurry of legal battles. The mother accused him of taking the children without consent, while the father insisted he did so to shield them from a “stressful atmosphere” at home. The Family Court later ordered that the children be handed over to the mother, with structured visitation rights for the father - a decision now affirmed by the High Court.
Court’s Observations
During the hearings, the judges interacted with both children multiple times, including private in-chamber sessions. These interactions played a significant role in shaping the Court’s view.
At one point, the bench remarked, “Children are not trophies to be won by one parent. Their emotional security, comfort, and sense of belonging cannot be compromised.”
The Court noted that the father’s act of taking the children to Dubai just a day before court-ordered visitation for the mother was a grave concern. Calling this behaviour “prima facie defiant,” the judges emphasized that such actions can shake the stability children need during parental separation.
On the other hand, the daughter’s consistent, voluntary preference to stay with her mother weighed heavily in the Court’s mind. “She appeared mature and articulate,” the bench recorded, adding that her wish “was neither influenced nor fabricated.”
As for allegations raised by the father - including claims of the mother’s inappropriate conduct or her supposed attempts to alienate the children - the Court found no reliable evidence. The judges made it clear that custody decisions cannot be based on “unverified screenshots or speculative accusations.”
Throughout the hearing, the bench repeatedly reiterated a guiding principle: material comforts cannot substitute emotional safety. In simple terms, a bigger house or better gadgets cannot outweigh the presence of stable care and affection.
Decision
In its final order, the High Court dismissed the father’s appeal and upheld the Family Court's custody arrangement. The mother will continue to have the children in her care, while the father retains visitation rights as previously structured.
The Court allowed the current arrangements to continue for eight weeks, giving both parents the option to approach the Family Court for fine-tuning the schedule. The bench also advised the lower court to “monitor the children’s adjustment” and take steps to preserve the sibling bond, since the children are currently living separately - one with each parent.
With that, the matter stood closed for now, though the judges gently reminded both parents that only cooperation - not litigation - can truly safeguard the well-being of their children.
Case Title: Gautam Mehra v. Sonia Mehra
Case No.: MAT.APP.(F.C.) 255/2024
Case Type: Matrimonial Appeal (Custody & Visitation)
Court: Delhi High Court
Bench: Justice Anil Kshetrapal & Justice Harish Vaidyanathan Shankar
Decision Date: 18 November 2025
