The Delhi High Court has dismissed a woman's plea seeking custody of her minor daughter, emphasizing that the child's welfare is the paramount consideration in custody matters. The child, who suffers from Autism Spectrum Disorder (ASD), is currently undergoing treatment in Singapore, where she was born.
Court's Observations on Child Welfare
The bench reiterated that in custody disputes, the court is not bound solely by the legal rights of either parent. Instead, the best interests of the child must guide the decision. "The welfare of the child has to be determined keeping in view all the facts and circumstances, and the court cannot take a pedantic approach," the court observed.
Background of the Case
The mother had filed a habeas corpus petition seeking directions for the father to produce the child before the court. However, the court noted that the child was taken to Singapore with the mother's consent for medical treatment. The mother later returned to India and filed the petition belatedly.
The father highlighted that the mother had previously approached a Singapore court seeking to bring the child to India, but her plea was rejected. This fact was not disclosed to the Delhi High Court. "Whether the petitioner submitted to the jurisdiction of the Singapore court willingly or under protest, what remains undisputed is that she was required to make a full and truthful disclosure of those proceedings while invoking the extraordinary discretionary jurisdiction of this court. Concealment, by itself, is sufficient ground to dismiss the present petition," the high court observed.
Child's Residence and Allegations
The court noted that the child has primarily resided in Singapore, except for a brief period between February 2024 and December 17, 2024, when she was in India. The child returned to Singapore on December 17, 2024, with both parents, and the mother came back to India on December 25, 2024, leaving the child with the father.
The bench also referred to allegations that the mother transferred her funds to India and traveled to Canada and the United States during this period. The high court left it to the family court to decide further specifics of the custody dispute and disposed of the plea.
