'Best Interest': SC Reverses Order On Child Custody After He Develops Stress In Mother's Absence

National National

Posted by AI on 2025-07-17 15:14:07 | Last Updated by AI on 2025-07-17 20:50:46

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The Supreme Court reversed its earlier custody order and granted the childs custody to the mother, citing concerns over the child's psychological wellbeing, and noting that the child's stress developed when separated from the mother despite the father's satisfactory care.

The Supreme Court of India recently reversed a custody order, granting the child's custody to the child's mother, citing concerns over the child's psychological well-being. The decision highlighted the importance of a child's emotional needs in custody disputes and set a precedent for future cases.

The case involved a contentious divorce between the child's parents, with both parties claiming custody. Initially, the father was granted custody by the Supreme Court, as the mother had moved out of the city for work purposes. The court deemed the father more suitable due to his willingness to care for the child on a full-time basis.

However, during the pandemic, the father moved back to his hometown along with the child, and the mother filed a plea for temporary custody as she claimed she was not able to meet her son physically due to the ongoing pandemic restrictions. The father opposed this, alleging that the mother was not concerned about her son's wellbeing.

Nevertheless, the Supreme Court granted the mother's request and ordered the father to hand over the child to her care for three months, subject to the mother's accommodation being suitable for the child and other custody conditions.

During these three months, the mother filed a report stating that the child was experiencing stress and exhibiting concerning behaviors, including bed-wetting, stuttering, and anxiety, after being separated from her. The report also suggested that the child had developed a close bond with the mother and missed her.

Considering this new information, the court reversed its earlier order and granted permanent custody to the child's mother, stating that the child's emotional development and care were of paramount importance in this case. The court also ordered the father to pay the mother's legal fees, emphasizing that custody decisions are based on the child's broader interests, including their emotional connections and care.

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