The Madhya Pradesh High Court has observed that any decision on which parent a child should live with cannot be determined solely based on the child’s preference for a particular parent. The main considerations are the child’s best interest and welfare, the high court said as it gave the custody of a 12-year-old child to his mother.
The family court had rejected his petition to transfer the child’s custody from the mother, Annanya aka Priya Singh, to his care. The court held that at this crucial stage of the child’s age and development, the mother’s care, guidance, education and emotional support were vital to his best interests. The court also cited Supreme Court judgements in the cases of Vivek Singh vs Romani Singh, and Ruchi Majoo vs Sanjeev Majoo. the court also established visitation arrangements for the father While retaining custody with the mother. He would be allowed to meet the child in Shahdol every working Saturday.
A division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh gave the verdict on August 20. The child’s father, Abhishek Singh, had challenged an order dated July 2020 passed by a family court in Shahdol. The court was told that Abhishek Singh had remarried and despite a high court order in December 2021, he made no attempt to visit the child in Ghaziabad. Additionally, a video call has been scheduled every Sunday between 8 and 8.30 pm.
In her reply, the woman said the child was going to a school in Ghaziabad and was receiving proper care and schooling under her supervision. The high court said the welfare of the child is paramount in custody matters and that while a child’s preference is significant, it cannot serve as the sole basis for determining custody.
