The Delhi High Court has reiterated that in child custody disputes, the paramount consideration is the welfare of the minor and not the competing rights of parents. The court underscored that welfare encompasses a holistic evaluation of the child’s physical, emotional, moral, and educational well-being.
A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar made the observation while dismissing a father’s plea seeking permanent custody of his minor son. The man argued that he and his family were better positioned to provide a secure upbringing, citing the child’s medical requirements and overall care.
In its August 13 order, the bench emphasised that financial resources, though relevant, cannot be the sole criterion for determining custody. The court observed that the child, of tender age, was already settled in a nurturing and stable environment with the mother, and disturbing such an arrangement merely on the ground of material superiority of the other parent would not serve the child’s best interests.
The bench also noted that the child’s preference, though not conclusive, reflected a sense of emotional security and consistency in care with the mother. Upholding the family court’s earlier ruling, the High Court clarified that custody decisions must always prioritise the welfare of the minor over the individual rights of parents.
