Prayagraj, Apr 24 The Allahabad High Court has said that the welfare and best interest of a child has to be seen, directing that the custody of the minor be handed over to his mother who is capable of serving his best interests.
The court also noted that the father, in whose custody the child is presently residing in Meerut, is an alcoholic, has undergone a liver transplant and is financially dependent. Therefore, in such a situation, entrusting custody of the child to the father would not be conducive to the overall welfare of the child.
Disposing of a habeas corpus writ petition filed by the mother, Justice Sandeep Jain observed, "It is a well-settled principle of law that in matters concerning custody of a minor, the paramount consideration is the welfare and best interests of the child, which must override all other considerations including the legal rights of the parents".
"This court is of the considered view that the welfare of the corpus (minor boy) would be best served by allowing him to continue his education at Bishop Cotton School, Shimla, as arranged by the mother," the court added.
Regarding the father's claim for custody, the court said, "In contrast, the material on record reflects that the father suffers from chronic alcoholism, has undergone a liver transplant on January 12, 2025, and has demonstrated financial dependency as evidenced by the fact that the medical expenses for the said procedure were borne by his mother."
"In such circumstances, entrusting the custody of the minor to the father would not be conducive to the child's overall welfare, stability, and long-term development," the court said.
However, the court directed that both parents shall be entitled to visit the child, either jointly or individually, once every month, in a congenial and non-disruptive environment within the premises of the school.
The court, in its order on Thursday, directed the headmaster of Bishop Cotton School, Shimla, to facilitate such visitation without any obstruction or inconvenience.
The mother filed the habeas corpus writ petition saying that she is a qualified medical professional residing in Gautam Buddh Nagar and is financially self-sufficient.
The minor son, aged about ten years has been admitted to Class 5 in Bishop Cotton School, Shimla, for the academic session 2026-2027 and she has incurred substantial expenditure amounting to approximately Rs 17 lakh towards admission and related costs.
In this backdrop, the counsel for the mother contended that there is irreconcilable matrimonial discord between the mother and the father of the child. At one stage, according to the direction of the court, the minor boy was produced before the court.
The court, after talking to him and also examining all aspects, found that the best interest of the minor son can best be served by the mother.
