In a landmark judgment, the Supreme Court, in the case of Shazia Aman Khan & Anr v/s The State Of Orissa And Ors., has reaffirmed the principle that the welfare of the child takes precedence over personal laws or statutes when determining custody. The Court granted custody of a minor child to her aunt, rejecting the opposition from the biological father and emphasizing the child’s well-being as the paramount consideration.
The Bench, comprising Justices C.T. Ravikumar and Rajesh Bindal, held that the child, aged 14, could not be treated as a mere chattel and that her wishes, along with stability, were crucial factors. Justice Rajesh Bindal, authoring the judgment, asserted, “The welfare of the child lies with her custody with the appellants and respondent No. 10 (aunt). Stability of the child is also of paramount consideration.”
The case involved twins born to respondent No. 2 and his wife, with the custody of one twin residing with appellant No. 2 (sister of respondent No. 2) since the age of 3-4 months. Despite the biological father’s habeas corpus petition seeking custody, the Supreme Court underscored that the child’s prolonged stay with the aunt, coupled with the child’s preference, held significant weight.
The Court dismissed the argument based on religious laws, stating that the question of custody differs from guardianship, and the welfare of the child should be the primary concern. The judgment referred to precedent, including Ashish Ranjan v. Anupam Tandon and another, emphasizing that no statute should overlook the crucial factor of the child’s welfare.
To assess the child’s best interest, the Supreme Court interacted with the child, appellants, and the biological father individually. The Court noted the child’s intelligence and her clear expression of happiness with the family where she was raised, citing her desire not to be destabilized.
