VIVEK SINGH versus ROMANI SINGH

VIVEK SINGH versus ROMANI SINGH

Considering the welfare principle, the child's prior living arrangements, the need for maternal care, psychological concerns of parental alienation, and the mother's professional capacity as an educator, custody is granted to the mother for one year with educational arrangements to be facilitated; level playing field between parents has not yet been achieved, so temporary custody is appropriate.

Parties
Appellant: Vivek Singh; Respondent: Romani Singh
Jurisdiction
India
Judgment Date
13 February 2017
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed in part; custody granted to respondent-mother for one year, subject to child’s admission in her school; matter to be listed again for review.
Legal Topics
Guardianship, Custody of Minor Child, Welfare of Minor, Maternal Preference, Parental Alienation Syndrome
Family Law Child Custody Guardianship Custody of Minor Child Welfare of Minor Maternal Preference Parental Alienation Syndrome

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Parties

Vivek Singh

Appellant

Romani Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Who should be granted custody of the minor daughter Saesha Singh?
  2. 2 What principles govern the grant of guardianship and custody under Indian law?

Ratio Decidendi

Considering the welfare principle, the child's prior living arrangements, the need for maternal care, psychological concerns of parental alienation, and the mother's professional capacity as an educator, custody is granted to the mother for one year with educational arrangements to be facilitated; level playing field between parents has not yet been achieved, so temporary custody is appropriate.

Court Disposition

Appeal allowed in part; custody granted to respondent-mother for one year, subject to child’s admission in her school; matter to be listed again for review.

Orders

  • Respondent-mother may process admission of the child in Kendriya Vidyala, INA Colony, New Delhi; appellant-father to cooperate.
  • If admission of minor is secured, appellant shall hand over custody to respondent one week before next academic session starts.