The Supreme Court of India recently ruled in favor of a father in a custody battle, establishing that grandparents cannot have a superior claim over the father, who is the natural guardian of the child. This decision, rendered by a bench comprising Justices B.R. Gavai and K. Vinod Chandran, overturned a High Court decision that denied the father custody of his child.
The case arose after the father, Vivek Kumar Chaturvedi, filed a habeas corpus petition seeking custody of his child, who was living with the maternal grandparents following the mother’s demise in 2021. Initially, the High Court dismissed the petition, citing the child's comfort living with the grandparents and noting the father’s remarriage. Dissatisfied, the father appealed to the Supreme Court.
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The Supreme Court observed:
"Grandparents cannot have a better claim than the father, who is the natural guardian. The welfare of the child, in the facts and circumstances of this case, would be best served if custody is given to the father."
The father highlighted several factors to substantiate his claim, including his stable employment, a supportive home environment with his second wife, and financial provisions made for the child, such as property transfer and significant monetary deposits by the paternal grandfather.
The High Court based its judgment on the child’s comfort level with the grandparents and the father’s remarriage. It also suggested that custody matters could be better resolved under the Guardians and Wards Act, 1890. The Supreme Court disagreed, emphasizing the father’s legal right as a natural guardian and his commitment to the child's welfare.
Justice Chandran’s judgment stated:
"The learned Single Judge has not endeavored to elicit the child's attitude towards his father. Admittedly, the child was with his parents for about 10 years until the mother’s death. The father, being the natural guardian, is well-employed and educated. There is no allegation of abuse or any matrimonial dispute that could hinder his legal and natural right to the child’s custody."
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The Supreme Court underscored that the child’s welfare is of utmost importance. While granting custody to the father, the Court took into account the child’s need for stability during the ongoing academic year. Hence, a phased transition was ordered:
The child will remain with the grandparents until the end of the academic year (April 2025).
During this period, the father will have custody of the child on alternate weekends.
Full custody will be handed over to the father on May 1, 2025, under the supervision of the local police station.
The grandparents will retain visitation rights thereafter, particularly on weekends with the child’s consent
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The Court relied on legal precedents such as Gautam Kumar Das v. NCT of Delhi (2024) and Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019) to reinforce that the natural guardian (the father, in this case) generally holds priority unless compelling evidence proves otherwise. The Court also clarified that habeas corpus petitions in custody matters are maintainable under Article 226 of the Constitution, depending on case-specific circumstances.
In contrast, the respondents cited Nirmala v. Kulwant Singh (2024) to argue that a detailed inquiry into the child’s welfare is essential in such disputes. However, the Supreme Court found no allegations or evidence against the father that could justify denying him custody.
The Supreme Court’s judgment reiterates the primacy of a natural guardian’s rights, provided it aligns with the child’s welfare. The Court balanced the father’s rights with the child’s immediate stability and emotional needs, ensuring a smooth transition of custody.
Case Title: Vivek Kumar Chaturvedi & Anr. vs. State of U.P. & Ors.
