Prioritizing The Child’s Well-Being Over Other Considerations In Custody Battles: Supreme Court Upholds Father’s Custody In Child Custody Case

In a significant judgment, the Supreme Court of India has upheld the custody of a child with the father, emphasizing the paramount importance of the child’s welfare in custody disputes. The decision in the case of Selvaraj vs. Revathi was delivered by Justices Vikram Nath and Rajesh Bindal.

The apex court, in its judgment, highlighted, “In any matter of custody of a child, his welfare is paramount consideration.” This observation underscores the court’s approach in prioritizing the child’s well-being over other considerations in custody battles.

The custody dispute emerged after a matrimonial discord between Selvaraj and Revathi, leading to divorce proceedings. The child, born out of their wedlock, had been living with the father since birth. Despite a previous order directing the father to hand over custody to the mother, compliance was not met.

The court interacted directly with the child, who expressed a strong preference to stay with the father. The court noted, “From the very beginning, he is living with the father-appellant... It would not be in the interest for upbringing of the child that his custody is given to the respondent-mother at this stage.”

Senior Advocate Ms. V. Mohana was appointed to counsel and interact with the child and parents. Her efforts led to the child agreeing to monthly meetings and phone calls with the mother, fostering a gradual improvement in their relationship.

Maintaining the status quo, the Supreme Court ruled that the child’s custody would remain with the father, Selvaraj, while granting the mother, Revathi, rights to call and have monthly visits. The court’s decision is reflective of its consideration of the child’s preferences and psychological well-being.

Date of Decision: 6th December 2023

SELVARAJ VS REVATHI