KOMAL KRISHAN ARORA & ORS. versus SANDEEP KUMAR & ORS.

KOMAL KRISHAN ARORA & ORS. versus SANDEEP KUMAR & ORS.

The Supreme Court dismissed the appeal and upheld the High Court's order granting interim custody of the minor son to the father because, on the facts, the welfare and best interests of the child would be served by his custody with the father (natural guardian), the mother had left the child in India without informing the father and failed to disclose the fact to the UK court, the father had sufficient means and a suitably located residence (Noida) offering better facilities, and appropriate interim safeguards and directions (visitation, prohibition on taking the child abroad, and initiation of Guardians and Wards Act proceedings) were imposed.

Parties
Appellants: Komal Krishan Arora & Ors.; Respondents: Sandeep Kumar & Ors.
Jurisdiction
India
Judgment Date
16 September 2025
Procedural Posture
Criminal Appeal (slp (crl) No. 9497 of 2021) / Final Judgment on Appeal by the Supreme Court
Outcome
appeal dismissed; High Court order granting interim custody to the father upheld
Legal Topics
Custody, Interim Custody, Visitation, Habitual Residence, Comity of Courts, Jurisdiction
Family Law Child Welfare Habeas Corpus Guardianship Custody Interim Custody Visitation Habitual Residence +2 more

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Parties

Komal Krishan Arora & Ors.

Appellants

Sandeep Kumar & Ors.

Respondents

Procedural Posture

Criminal Appeal (slp (crl) No. 9497 of 2021) / Final Judgment on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether the High Court direction to hand interim custody of the minor son to the father warrants interference
  2. 2 What arrangement would best serve the welfare and best interest of the minor child pending custody proceedings under the Guardians and Wards Act, 1890
  3. 3 Whether the conduct of the mother in leaving the child with maternal grandparents without informing the father affects custody decision

Ratio Decidendi

The Supreme Court dismissed the appeal and upheld the High Court's order granting interim custody of the minor son to the father because, on the facts, the welfare and best interests of the child would be served by his custody with the father (natural guardian), the mother had left the child in India without informing the father and failed to disclose the fact to the UK court, the father had sufficient means and a suitably located residence (Noida) offering better facilities, and appropriate interim safeguards and directions (visitation, prohibition on taking the child abroad, and initiation of Guardians and Wards Act proceedings) were imposed.

Court Disposition

appeal dismissed; High Court order granting interim custody to the father upheld

Orders

  • Custody of minor Master K to be handed over by appellant no.1 to the father within fifteen days from uploading of this judgment and on or before 30.09.2025; father’s contact details to be supplied to Registry within three days
  • After handing over custody, father or mother shall file proceedings under the Guardians and Wards Act, 1890 before the competent Court within one month; such proceedings to be decided uninfluenced by observations in this case