In a dramatic end to a long and bitter custody fight spanning India and the United Kingdom, the Supreme Court of India has ordered that five-year-old Master K remain in his father’s care. A bench of Justices J.K. Maheshwari and Vijay Bishnoi dismissed the mother’s appeal and refused to interfere with a 2021 Punjab and Haryana High Court order granting interim custody to the father.
Background
Sandeep Kumar and Latika Arora married in 2010 and lived in the UK for years before their relationship collapsed. Latika moved to London with their daughter in 2021 but secretly left their infant son with her parents in Sonipat, Haryana. Sandeep, unaware of his son’s whereabouts, began legal action in both India and the UK, seeking to reunite with his children.
The UK High Court later rebuked the mother for “crude subterfuge,” noting she misled the court into believing both children were in London. Meanwhile, an Indian High Court granted Sandeep temporary custody of the boy.
Court’s Observations
“The mother never intended Master K to meet his father or even honour court orders,” the bench observed, expressing “displeasure” at her conduct. The justices stressed that while parental rights matter, the “best interest and welfare of the child is paramount.”
The Court highlighted the father’s stable career, education, and ability to provide a nurturing home in Noida. It also referenced global precedents where a child’s welfare outweighs the principle of respecting foreign court orders.
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Decision
Upholding the High Court’s ruling, the Supreme Court directed the maternal grandfather to hand over custody within fifteen days. The father cannot take the child abroad without permission, and the mother, sister, and maternal grandparents will have regular video and in-person visitation rights. A local Juvenile Justice Board will monitor the boy’s well-being, and either parent may later seek permanent custody under the Guardians and Wards Act.
With these directions, the Court disposed of related contempt petitions and appeals, bringing a measure of closure to a case that has wound through two countries and multiple courts.
Case: Komal Krishan Arora & Others v. Sandeep Kumar & Others
Date of Judgment: 16 Sept 2025
