Case Note & Summary
The appellant, Gautam Kumar Das, married Subrata Das in 2012, and they had two children: a son born in 2013 and a daughter, Sugandha Das, born on 20th April 2021. When the daughter was only 10 days old, the appellant's wife died of Covid-19 on 30th April 2021, followed by the death of his father on 13th May 2021. Grieving, the appellant handed over custody of both children to his sister-in-law (respondent No. 5) as a temporary measure. Later, the son was returned, but the daughter remained with respondent No. 5, who eventually took her to West Bengal and handed custody to respondent No. 6. The appellant remarried to provide female care for his children and sought return of his daughter, but was refused. He filed a petition under Section 10 of the Guardians and Wards Act, 1890, and also filed complaints, but no action was taken. He then filed a writ of habeas corpus before the Delhi High Court, which disposed of the petition by granting liberty to approach the family court. Aggrieved, the appellant appealed to the Supreme Court. The Supreme Court held that the father, as the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, has a legal right to custody, and the respondents, being sisters-in-law, have no legal authority to retain the child. The Court found the father fit, educated, employed, and remarried, and noted that the child had bonded well with the father's family during visitation. The Court allowed the appeal, set aside the High Court's order, and directed the respondents to hand over custody of the minor daughter to the appellant within two weeks, with the child to remain in Delhi in the interim.
Headnote
A) Family Law - Child Custody - Natural Guardian's Right - Section 6 Hindu Minority and Guardianship Act, 1956 - Father, being the natural guardian, has a legal right to custody of his minor child; relatives who have no legal authority cannot retain custody against the father's will, especially when the father is fit and has remarried. (Paras 9-12) B) Constitutional Law - Habeas Corpus - Maintainability for Child Custody - Article 226 Constitution of India - Habeas corpus petition is maintainable when a minor child is in unlawful custody of persons who are not legal guardians, and the natural guardian seeks the child's return. (Paras 9-10) C) Family Law - Welfare of Child - Paramount Consideration - Section 6 Hindu Minority and Guardianship Act, 1956 - The welfare of the child includes ethical upbringing, economic well-being, comfort, health, education, and the child's need for parental love; the father's fitness is weighed in terms of the child's welfare. (Para 10)
Issue of Consideration
Whether the High Court erred in disposing of the habeas corpus petition filed by the natural guardian father seeking custody of his minor daughter from the sisters-in-law, instead of ordering the child's return to the father.
Final Decision
Appeal allowed. Impugned order of the High Court set aside. Respondents 5 and 6 directed to hand over custody of minor daughter Sugandha Das to the appellant within two weeks. The child to remain in Delhi in the interim.
Law Points
- Natural guardian's right to custody
- Habeas corpus maintainability for child custody
- Welfare of child paramount
- Section 6 Hindu Minority and Guardianship Act
- 1956
- Section 10 Guardians and Wards Act
- 1890
