04 March 2024 Adoption Law >> Family Law   |   Child Custody >> Family Law  

A 14-year-old girl found herself at the center of a custody battle. The biological father sought to have her live with him, but the family who had raised her since infancy fiercely contested the move. This tug-of-war between parental rights and a child's established life forced the court to make a difficult decision, prioritizing the well-being of the young girl above all else.

Facts:

• The minor child, currently 14 years old, has resided with the Appellants (aunt and her husband) since infancy (approximately 3-4 months old).
• The biological father (Respondent No. 2) seeks custody of the child.
• The biological mother previously petitioned the High Court of Judicature at Patna for custody but later withdrew the petition.
• Four years after the mother's withdrawal, Respondent No. 2 filed a Habeas Corpus writ petition with the High Court of Orissa.
• A kidnapping FIR filed by the father regarding the child resulted in a closure report being accepted by the Court.
• The child resides with the Appellants alongside two siblings.
• During an in-chamber interaction with the Court, the child expressed a preference to remain with the Appellants.

Conclusions:

• The Court, applying the principle of parens patriae, determined that the child's welfare is the paramount consideration.
• Considering the child's long-standing residence with the Appellants, expressed wishes, and established stability within their household, the Court ruled in favor of the Appellants.
• The Court's decision prioritized the child's best interests over the biological father's parental rights.
• The delay by Respondent No. 2 in seeking custody was a relevant factor in the Court's final judgment.