JITENDER ARORA & ORS. versus SUKRITI ARORA & ORS.

JITENDER ARORA & ORS. versus SUKRITI ARORA & ORS.

The Supreme Court set aside the High Court's custody order and held that because the child was a mature 15-year-old who had unequivocally expressed her wish to remain with her father and not to be sent to the UK, her welfare lay in staying with her father; sending her to a foreign country against her wishes would not be in her interest.

Parties
Appellant: Jitender Arora; Respondent: Sukriti Arora
Jurisdiction
India
Judgment Date
17 February 2017
Procedural Posture
Criminal Appeal No. 717 of 2013 / Appeal to the Supreme Court From the High Court Judgment Dated 25.05.2010
Outcome
Appeal allowed; judgment of the High Court set aside
Legal Topics
Welfare of the Child, Maturity and Child's Choice, Custody Disputes, Visitation Rights
Family Law Child Custody Habeas Corpus Welfare of the Child Maturity and Child's Choice Custody Disputes Visitation Rights

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Parties

Jitender Arora

Appellant

Sukriti Arora

Respondent

Procedural Posture

Criminal Appeal No. 717 of 2013 / Appeal to the Supreme Court From the High Court Judgment Dated 25.05.2010

Legal Issues

  1. 1 Whether custody of the minor child should be given to the father or the mother
  2. 2 Whether the expressed wishes of a mature minor should be given decisive weight in custody decisions
  3. 3 Whether it is in the child's welfare to be sent to a foreign country (UK) against her wishes

Ratio Decidendi

The Supreme Court set aside the High Court's custody order and held that because the child was a mature 15-year-old who had unequivocally expressed her wish to remain with her father and not to be sent to the UK, her welfare lay in staying with her father; sending her to a foreign country against her wishes would not be in her interest.

Court Disposition

Appeal allowed; judgment of the High Court set aside

Orders

  • Judgment and order of the High Court dated 25.05.2010 in Criminal Writ Petition No. 712 of 2010 set aside
  • Custody of the child to remain with the father (appellant)