Supreme Court Reverses Custody Order to Protect Child’s Well-Being

The Supreme Court has overturned its previous order to transfer custody of a 12-year-old boy to his biological father, citing the “calamitous effect” on the child’s mental health, including severe anxiety and separation fears. Justices Vikram Nath and Prasanna B Varale emphasized that custody orders must prioritize a child’s welfare and remain flexible, reversing the decision to ensure the boy’s emotional stability.

The child, born in 2012 to parents married in 2011, was placed with his mother after their 2013 separation. The mother remarried in 2016, raising the boy with her second husband, his two children from a prior marriage, and a younger half-sibling. The father, unaware of the child’s whereabouts until 2019, sought custody after learning the mother planned to relocate to Malaysia and had changed the child’s religion to Christian without his consent. Though the High Court granted him custody, the Supreme Court initially upheld it in August 2024 but reconsidered after the mother’s plea, backed by a clinical psychologist’s report warning of the boy’s high risk for separation anxiety disorder.

The court noted the child’s limited contact with his father since infancy, with only sporadic meetings since 2014, and his deep bond with his mother, stepfather, and half-sibling, whom he views as his immediate family. Psychological assessments from CMC, Vellore, highlighted the boy’s distress and need for a stable environment, with his mother as his primary caregiver. The court found no evidence that the mother’s remarriage or second child diminished her care for the boy, praising the stepfather’s commitment to his upbringing.

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While acknowledging the father’s desire for involvement, the court criticized any alleged threats to separate the child from his mother, which reportedly worsened his mental state. It ordered the mother to facilitate visitation to foster a gradual father-son bond, urging both parents to prioritize the child’s well-being through mutual respect and communication.

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