Supreme Court says while reserving judgement: 'Child's custody can be refused to natural parents, it depends on welfare of child'

The Supreme Court in the case observed and has disapproved of an order of the Madhya Pradesh High Court wherein the court granted custody of a 2.5-year-old child to her father which being on the sole ground that father is the natural guardian, calling it a 'completely erroneous approach'.

The bench headed by Justice Abhay Oka orally remarked that, 'Our judicial conscience is shocked by the fact that High Court treated the child as a transferable, movable property. That being the problem. The High Court says that there being a formula - father is a natural guardian, child should go back to the father. By that logic, every custody petition, every habeas corpus petition which is dealing with minor children can be decided in one paragraph if we confirm this view taken by the High Court.

The bench comprising of Justice Abhay Oka and Justice Augustine George Masih in the case observed and has reiterated that the child's welfare, and not the legal rights of the parties seeking custody, is the paramount consideration in the cases of custody.