Gautam Kumar Das vs. NCT of Delhi [August 20, 2024]
Background
This Supreme Court case centered on the custody of a minor girl, Sugandha Das, following the tragic death of her mother (the appellant’s wife) just ten days after childbirth and the subsequent death of the appellant’s father due to COVID-19. In the aftermath, Gautam Kumar Das, the biological father and only surviving parent, temporarily entrusted the child’s care to his sisters-in-law (the deceased wife’s sisters) as an interim arrangement. When he later sought to reclaim custody, disputes arose, and the sisters-in-law refused to return the child, prompting Das to file a habeas corpus petition before the Delhi High Court.
High Court Proceedings
The Delhi High Court disposed of the habeas corpus petition, directing the parties to approach the family court for custody determination. Aggrieved by this, Das appealed to the Supreme Court, asserting his rights as the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, and seeking immediate restoration of custody.
Supreme Court’s Findings
Natural Guardian’s Right: The Supreme Court reaffirmed that the biological father is the natural guardian of a minor child under Section 6 of the Hindu Minority and Guardianship Act. The Court observed that the sisters-in-law, while providing interim care, had no legal authority to retain custody against the wishes of the natural guardian.
Best Interests of the Child: The Court emphasized that, especially for a minor of very tender age (1½ years), the welfare of the child is best served in the care of the natural parent, barring exceptional circumstances. The allegations of ill-treatment raised by the respondents were found to be unsubstantiated and likely made as an afterthought once the father asserted his claim.
Maintainability of Habeas Corpus: The Court held that a habeas corpus petition is maintainable in cases where a minor child is in unlawful custody, especially when the natural guardian seeks restoration of custody. The welfare of the child remains paramount, but the law presumes that the natural guardian’s custody is in the child’s best interest unless proven otherwise.
Visitation Rights: While ordering immediate transfer of custody to the father, the Court permitted the sisters-in-law to visit the child at the father’s residence every Wednesday between 4:00 pm and 6:00 pm, recognizing their emotional bond with the child.
Conclusion
The Supreme Court set aside the High Court’s order, directed immediate restoration of custody to Gautam Kumar Das, and provided structured visitation rights to the aunts. The judgment reaffirms the primacy of the natural guardian’s rights in child custody matters, subject to the overarching principle of the child’s welfare.
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