Headline
The Supreme Court of India Grants Minor Daughter’s Custody to Father After Mother’s Death.
Summary
The Supreme Court of India made a decision in favor of a father who was seeking custody of his minor daughter, after her mother’s death during COVID-19. The Supreme Court held that temporary custody by relatives does not prevent the natural guardian i.e her father to reclaim her custody.
Key Facts
- Case name: Gautam Kumar Das v. NCT of Delhi and Others, SLP(Crl) No. 005171/2024
- Name of Judges: BR Gavai and KV Viswanathan
- The father initially asked his sisters-in-law to take care of his minor daughter.
- Upon remarriage,the father asked for custody, proving he is capable of providing for his child.
Legal Insights
The Supreme Court of India said that the right of a father being a natural guardian should not be taken away, particularly when it serves the best interests of his child.
Impact
The ruling of the Supreme Court shows the primacy of natural guardians in cases related to custody of a child and clarifies that temporary custody or handover to relatives do not negate a parent’s right to regain custody.
Why It Matters
This decision of the Supreme Court showcases the welfare of a child and the natural guardian’s role in ensuring it.
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