Custody: 'Welfare of child is of paramount importance'

New Delhi: A child's best interests and welfare are of paramount importance in a custody battle and courts must choose a course which will provide "healthy growth, development and education" and equip the youngster to face problems of life as a "mature adult," the Supreme Court said on Thursday. Observing that the "dominant consideration to which all other considerations must remain subordinate must be the welfare of the child", a bench comprising justices A M Khanwilkar and J B Pardiwala granted the custody of two minor children to their US-based mother and asked their father, living in Tamil Nadu, to apply for the US visa in a week and travel there to hand over the kids to his estranged wife in a week thereafter.

The woman, whose husband came back to India with their two children allegedly without her consent, had moved habeas corpus (bring the person) plea in the top court here seeking a direction to authorities to "immediately trace and produce the minor children ... and deliver their custody" to her for their repatriation to the US in compliance with the order passed by a local court there.

Justice Pardiwala, referring to the laws on custody of children and the writ powers of the apex court, said, "There is complete unanimity that the best interests and welfare of the child are of paramount importance."

"We would therefore hold that in the case at bar the dominant consideration to which all other considerations must remain subordinate must be the welfare of the child. This is not to say that the question of custody will be determined by weighing the economic circumstances of the contending parties.

"The welfare of the child must be decided on a consideration of these and all other relevant factors, including the general psychological, spiritual and emotional welfare of the child. It must be the aim of the court to choose the course which will best provide for the healthy growth, development and education of the child so that he or she will be equipped to face the problems of life as a mature adult," Justice Pardiwala said.