Child’s welfare paramount: Delhi HC rejects mother’s custody plea

New Delhi: Delhi High Court has rejected a woman’s plea seeking custody of her minor daughter, observing that the child is undergoing medical treatment in Singapore, where she was born, and that the child’s welfare must remain the paramount consideration.The court reiterated that in custody matters, it is not bound by the mere legal rights of either parent or guardian. Instead, the welfare and best interests of the child must guide its 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.The order came on a habeas corpus petition filed by the mother, who sought directions to the father to produce the child before the court.“In the present case, the minor child is unfortunately suffering from Autism Spectrum Disorder (ASD). She is getting her treatment in Singapore, where she was taken with the consent of the petitioner,” HC observed, noting that the woman travelled back to India and has filed the present petition belatedly.The father also pointed out that the mother had earlier approached a Singapore court seeking to bring the child to India, but her plea was rejected — a fact that was not disclosed before 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 and decline to exercise this court’s discretionary jurisdiction,” the high court observed.The court further noted that the child has primarily resided in Singapore, except for a brief period between Feb 2024 and Dec 17, 2024, when she was in India. It was also recorded that the child returned to Singapore on Dec 17, 2024, along with both parents, and that the mother subsequently came back to India on Dec 25, 2024, leaving the child with the father.The bench also referred to allegations that the mother transferred her funds to India and travelled to Canada and the United States during this period.HC left it to the family court to decide further specifics of the custody dispute and disposed of the plea.