The Madhya Pradesh High Court has ruled that a child’s preference for living with one parent cannot, by itself, determine a custody dispute. The court emphasised that the welfare and best interests of the child remain the primary considerations in such matters while retaining custody of a 12-year-old boy with his mother.

A division bench comprising Justice Vivek Agarwal and Justice Avanindra Kumar Singh delivered the judgment on August 20. The case arose from a challenge by the child’s father, Abhishek Singh, against a July 2020 order of the Family Court in Shahdol, which had rejected his request to transfer the child’s custody from his mother, Annanya alias Priya Singh, to him.

The father argued that the 12-year-old was old enough to express his wishes and alleged that the mother had moved the child from Shahdol to Ghaziabad in Uttar Pradesh, affecting his ability to meet him. The mother, however, told the court that the child was studying in Ghaziabad and was receiving appropriate care and education under her supervision.

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The High Court observed that while a child’s preference is an important factor in custody proceedings, it cannot be treated as the sole basis for deciding custody. The bench held that, considering the child’s age and stage of development, his care, education, guidance and emotional support were important factors in determining his best interests. The court also referred to Supreme Court judgments, including Vivek Singh vs Romani Singh and Ruchi Majoo vs Sanjeev Majoo.

While allowing the child to remain with his mother, the High Court also put in place a visitation arrangement for the father. He will be permitted to meet the child in Shahdol every working Saturday. A weekly video call has also been scheduled for Sundays from 8 pm to 8:30 pm.

The mother has been directed to provide her mobile number to the father, with the condition that he must not use abusive language or engage in misconduct. Any violation could lead to suspension of the video-call facility. The court also allowed either parent to approach the trial court for changes to the visitation arrangement if circumstances require, and disposed of the appeal with these directions.

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