NEW DELHI: The Delhi High Court has held that in matters of child custody, the paramount and overriding consideration is not individual rights of parents but the welfare of the minor which includes a holistic assessment of what arrangement would best serve the child’s physical, emotional, moral and educational well-being.
It said that where a child of tender age was found to be settled in a stable and nurturing environment, it would not be in the child’s interest to disturb such an arrangement solely on the ground of financial or material superiority of the other parent.
A bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar made the observations while dismissing a man’s petition seeking permanent custody of his minor son. He cited concern for his child’s medical needs and overall well-being, claiming that he and his family were better placed to provide him a stable and secure upbringing.
In an August 13 order, the bench stressed that child custody decisions must prioritise the minor’s welfare over parents’ rights. Financial stability is relevant but not decisive. Upholding the family court’s ruling, it noted the child was comfortable with the mother and that the child’s preference, while not decisive, indicated emotional security and consistent care.