SC directs sisters-in-law to forthwith handover minor girl's custody to her father

New Delhi, Aug 20 (PTI) In a relief to a man, who was embroiled in a legal battle for the custody of his three-year-old daughter, the Supreme Court on Tuesday directed his two sisters-in-law to hand over the minor to her father.

Observing that a common thread in all the verdicts concerning the custody of minors was the paramount welfare of the child, the apex court said apart from the father being the natural guardian, even in order to ensure the welfare of the minor, she should live with her natural family.

A bench of Justices B R Gavai and K V Viswanathan noted that when the minor was only 10 days old, the man lost his wife in April 2021 to Covid, and shortly thereafter, he also lost his father.

It noted that while grieving the loss of his loved ones, he took the help of one of his sisters-in-law for taking care of his two children, and after some time, the custody of his minor son was restored to him but her daughter was not returned on the excuse that she was still quite young and required the care and attention of a female for a few more months.

The bench also noted that his sister-in-law handed over the custody of his minor daughter to one of her sisters.

"In our opinion, merely because of the unfortunate circumstances faced by the appellant (man) as a result of which, respondent nos. 5 and 6 (his sisters-in-law) were given the temporary custody of the minor child… and only because they looked after her for few years, the same cannot be a ground to deny the custody of the minor child to the appellant, who is her only natural guardian," the bench said.

Dealing with the contentions raised by the counsel appearing for the sisters-in-law, the apex court said insofar as the judgments relied upon by them, "we can only say that there cannot be any straight-jacket formula in the matters of custody".

The bench allowed the man's appeal challenging the Delhi High Court's April this year verdict disposing of his petition seeking custody of his daughter. The high court had granted liberty to the parties to approach the family court of competent jurisdiction for seeking custody of the child.

The top court said in its May 17 order that on a prima facie consideration of the facts, it was of the view that the man has valid grounds to claim the custody of his minor daughter.

"However, before arriving at a final conclusion, this court thought it fit to give proper opportunity to the appellant to win over the love and affection of his minor daughter and accordingly gave visitation rights to the appellant, his second wife and his son," it said.

The bench noted that the man had re-married and now, he and his wife can very well look after the minor girl.

"A perusal of the photographs placed on record would also reveal that pursuant to the visitation rights granted by the high court and this court, the minor child has gelled well with the family and the family of four appears to be happy," it said.

The bench said apart from taking care of his children, the man can very well provide them best education facilities.

"The child… who lost her mother at tender age, cannot be deprived of the company of her father and natural brother. At the relevant time, the appellant had no other option but to look upon the sisters of his deceased wife to nurture his infant child," it said.

While allowing the appeal, the bench quashed the high court's judgment.

"Respondent nos. 5 and 6 (sisters-in-law) are directed to hand over the custody of the minor child… forthwith," it said.

The bench permitted the man's sisters-in-law to meet the child at his residence every Wednesday between 4 p.m. and 6 p.m. PTI ABA ABA SK SK