Supreme Court Says Child Custody Issues Cannot Be Mechanical

The Supreme Court ruled that child custody issues shouldn't be treated mechanically and prioritized the child's welfare over parental claims. The case involved a minor whose mother passed away, leading to a custody battle between the maternal aunts and the father. The court emphasized humanitarian considerations and directed supervised visitations.

The Supreme Court has emphasized that issues of habeas corpus involving minors cannot be treated mechanically, likening children to 'movable property'. The court must factor in the impact of custody disturbances on the child, the bench said on Friday.

Habeas corpus petitions are generally filed to produce missing or illegally detained persons before the court. In this instance, Justices A S Oka and A G Masih underscored the necessity of humanitarian considerations.

The court delivered its judgment in a case involving a two-year-old girl, whose mother had died in December 2022, leaving her in the care of maternal aunts. The court stayed a previous high court ruling that ordered the child to be handed over to her father.

The top court noted that the high court had not adequately addressed the child's welfare, focusing mainly on the father's rights as a natural guardian. Emphasizing that the welfare of the minor is paramount, the Supreme Court said that the father, although not yet entitled to full custody, should have access to the child for supervised visits.