G H DSG versus AKG

G H DSG versus AKG

The Supreme Court affirmed the Family Court order granting custody to the father and specified visitation rights to the mother because three counsellors' reports and the Court's own interaction with the child showed the child (over 12 years) was articulate and unequivocal in her desire to reside with her father, she denied the allegations of sexual abuse by the father, and the mother's observed symptoms of Paranoid Schizophrenia required assessment and treatment such that keeping custody with the father was in the child's welfare; therefore the interim custody orders were to be upheld.

Parties
Petitioner Mother: DSG; Respondent Father: AKG
Jurisdiction
India
Judgment Date
16 December 2019
Procedural Posture
Special Leave Petition (civil) No. 25098 of 2019 / Special Leave Petition Before the Supreme Court; SLP Heard and Disposed Of; Interim Findings Recorded as Prima Facie
Outcome
Special Leave Petition disposed of; Family Court order granting custody to the father and visitation rights to the mother affirmed.
Legal Topics
Custody of Minor, Visitation Rights, Parens Patriae Jurisdiction, Child's Preference in Custody, Mental Illness of Parent, Counsellor Reports, Contempt for Non Return of Child
Child Welfare Family Law Guardianship Custody Contempt Custody of Minor Visitation Rights Parens Patriae Jurisdiction +4 more

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Parties

DSG

Petitioner Mother

AKG

Respondent Father

Procedural Posture

Special Leave Petition (civil) No. 25098 of 2019 / Special Leave Petition Before the Supreme Court; SLP Heard and Disposed Of; Interim Findings Recorded as Prima Facie

Legal Issues

  1. 1 Whether interim custody of the minor should remain with the father or be given to the mother
  2. 2 Whether the child's expressed preference (being over 12 years) should be accorded decisive weight
  3. 3 Whether the mother's alleged Paranoid Schizophrenia and conduct affected the welfare of the child

Ratio Decidendi

The Supreme Court affirmed the Family Court order granting custody to the father and specified visitation rights to the mother because three counsellors' reports and the Court's own interaction with the child showed the child (over 12 years) was articulate and unequivocal in her desire to reside with her father, she denied the allegations of sexual abuse by the father, and the mother's observed symptoms of Paranoid Schizophrenia required assessment and treatment such that keeping custody with the father was in the child's welfare; therefore the interim custody orders were to be upheld.

Court Disposition

Special Leave Petition disposed of; Family Court order granting custody to the father and visitation rights to the mother affirmed.

Orders

  • Affirmed Order dated 03.05.2019 of the Family Court granting custody of the minor daughter to the father and specifying visitation rights for the mother as set out in the Family Court Order.
  • Special Leave Petition (Civil) No. 25098 of 2019 disposed of.