The Supreme Court of India, in a recent judgment, granted custody of a minor daughter, Sugandha Das, to her biological father, Gautam Kumar Das. The Court set aside a previous High Court order that had directed the parties to approach a family court. The Supreme Court ruled in favor of the father, emphasizing his rights as the natural guardian and the welfare of the child, who had been in the temporary custody of her aunts after the death of her mother due to COVID-19. The Court also allowed visitation rights to the aunts.

1. Background of the Case:

• Gautam Kumar Das married Subrata Das in 2012 and had two children.
• After the death of his wife and father due to COVID-19 in 2021, the father temporarily handed over the custody of his daughter to his sister-in-law.

2. Legal Proceedings:

• The father sought custody of his daughter through the Guardians and Wards Act and filed a writ petition after facing refusal from the sister-in-law.
• The Delhi High Court initially directed the father to approach the family court.

3. Supreme Court Judgment:

• The Supreme Court granted custody to the father, dismissing the High Court's directive.
• The Court highlighted the father's natural guardianship and the welfare of the child as the primary considerations.

4. Visitation Rights:

• The Supreme Court allowed the aunts (respondents) to visit the minor child every Wednesday at the father's residence.

5. Conclusion:

• The judgment underscores the importance of natural guardianship and the welfare of the child in custody cases, with the Court favoring the biological parent when the child's well-being is assured.