Custody of Child
Custody of a minor child in parens patriae jurisdiction—Order of High Court directing recovery of child from the custody of second appellant and tenth respondent, particularly from first appellant and tenth respondent and to hand over to second respondent—Appeal—Undisputed facts on record are that twins were born to second respondent and his wife—One of them, the custody of whom is in question, has undisputedly been living with second appellant ever since she was 3-4 month old and thereafter with the family—Presently, child is about 14 years of age—It is not a case in which any of the parties is claiming adoption which otherwise is not permissible under Mohammedan law—Guardianship is also not being claimed—It is only the dispute regarding custody of child—Welfare of child is of paramount consideration and not personal law and statute—Child categorically stated that she is happy with the family where she has been brought up and she does not wish to be destabilized—Fact that first appellant, when custody of child was handed over to her, was un-married and is now married having two children will also not be a deterrent for the court to come to conclusion that best interest of child still remains with second appellant as child is living with her ever since she was 3-4 months old and is now about 14 years of age having no doubt in her mind that she wishes to live with them—Child cannot be treated as a chattel at the age of 14 years to hand over her custody to second respondent, where she has not lived ever since her birth—Stability of child is of paramount consideration—Impugned order of High Court is set aside—Appeal allowed.
[Paras 9, 14 to 21]