LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/gautam-kumar-das-vs-nct-of-delhi-and-others-20240820/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Gautam Kumar Das vs NCT of Delhi and Others

Court
Supreme Court of India
Date
20 August 2024
Case No.
Criminal Appeal No. 3447 of 2024
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, K.V. Viswanathan
Citation
[2024] 8 S.C.R. 451 : 2024 INSC 610
Acts & Sections
Guardians and Wards Act, 1890 Constitution
Supreme Court Reports [2024] 8 S.C.R. 451 : 2024 INSC 610
Issue for consideration
Matter pertains to the grant of custody of the minor child to the father, the only natural guardian.
Headnote

Custody – Claim of – Appellant-father, only surviving biological parent seeking custody of the minor daughter from the alleged unlawful custody of his sister-in-laws – Husband lost his wife just ten days after the birth of their daughter and thereafter, his father due to Covid-19 – Due to the loss, the father handed over the custody of his minor daughter to his sister-in-law as an interim arrangement, however, his son who was relatively older was with him – Subsequently, on his remarriage, he sought custody of his minor daughter, but was refused – Father filed petition under the 1890 Act, seeking custody of his minor daughter but the case was withdrawn – Father then filed habeas corpus petition seeking custody – High Court disposed of the petition granting liberty to the parties to approach the family court – Correctness:

Read the full headnote (1 more paragraph)

Held: In matters of the custody of minor children, the paramount welfare of the child is seen – There cannot be any straightjacket formula – Also, no hard and fast rule can be laid down as regards the maintainability of the habeas corpus petition in the custody matters of minor child – Exercise of jurisdiction by the writ court u/Art. 226 or not would depend on the facts and circumstances of each case – Merely because of the unfortunate circumstances, sister-in-laws were given the temporary custody of the minor child to nurture the infant 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-her only natural guardian – Subsequently, the appellant remarried – Now, he and his wife can very well look after the minor girl – Perusal of the photographs reveal that the minor child has gelled well with the family – Appellant is well educated and employed as Government Official in Delhi, having residence in Delhi whereas the sister-in-law to whom the custody of the child was handed over is residing at a remote village – Appellant apart from taking care of his children, can very well provide the best of the education facilities to his children – Child, who lost her mother at tender age, cannot be deprived of the company of her father and natural brother – Even in order to ensure the welfare of the minor child, she should live with her natural family – Minor child would get adapted to her natural family very well in a short period – Thus, impugned judgment and order of the High Court quashed and set aside – Sister-in-laws to handover the custody of the minor child, however, permitted to meet her at the residence of the appellant at the given time – Constitution of India – Guardians and Wards Act, 1890. [Paras 11-17]

Keywords: Grant of custody of the minor child to the father-only natural guardian · Custody · Unlawful custody · Covid-19 · Maintainability of the habeas corpus petition in the matters of custody · Welfare of the minor child · Natural guardian · Visitation rights

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment B.R. Gavai, J. 1. Leave granted. 2. The present appeal challenges the final judgment and order dated 3rd April 2024 passed by a Division Bench of the High Court of Delhi in Writ Petition (Crl.) No. 416 of 2024, whereby the High Court disposed of the petition filed by the appellant, seeking to obtain the custody of his minor daughter from the alleged unlawful custody of respondent Nos. 5 and 6 (sisters-in-law of the appellant), by granting liberty to the parties to approach the family court of competent jurisdiction for seeking custody of the child in question. 3. The facts, in bri
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →