Supreme Court Upholds Father's Interim Custody of Minor Son in Complex International Child Custody Dispute

The Supreme Court emphasized the paramount importance of the child's welfare, granting interim custody to the father while outlining comprehensive visitation rights for the mother and maternal grandparents.

In a significant ruling on September 16, 2025, the Supreme Court of India addressed a contentious international child custody battle between Komal Krishan Arora and Sandeep Kumar. The case, which has seen proceedings in both India and the United Kingdom, underscored the intricate balance courts must maintain between the welfare of the child and the legal rights of parents.

The Supreme Court bench, comprising Justices J.K. Maheshwari and Vijay Bishnoi, delivered the verdict in Criminal Appeal No. 4052 of 2025, arising from a prolonged discord between the estranged couple over the custody of their two children, Miss N and Master K. At the center of this dispute was the interim custody of their minor son, Master K, currently staying with his maternal grandparents in Sonipat, India.

The apex court reiterated that the welfare of the child remains the paramount consideration in custody disputes, a principle that transcends legal jurisdictions. The court granted interim custody of Master K to the father, Sandeep Kumar, citing his ability to provide a stable and nurturing environment, proximity to better educational facilities in Noida, and his financial and emotional stability.

The court's decision was influenced by the mother's conduct, which included misleading the UK High Court and leaving Master K in India without informing the father. The judgment emphasized that while respecting the doctrine of comity of courts, the welfare of the child takes precedence over international custody orders.

Furthermore, the Supreme Court outlined detailed visitation rights for the mother and maternal grandparents, allowing regular audio and video interactions with Master K. The judgment also restricted the father from taking Master K outside India without court permission and mandated the initiation of proceedings under the Guardians and Wards Act, 1890, for final custody determination.

The judgment has significant implications for international custody disputes, reinforcing that the child's best interests are the ultimate guiding principle. The court's directives aim to ensure that Master K's transition to his father's custody is smooth and that his welfare is continuously monitored by local child welfare authorities.

This ruling highlights the complexities involved in international custody battles and the judiciary's role in safeguarding the welfare of children caught in cross-border disputes. The case serves as a reminder of the evolving nature of family law, where the focus remains steadfastly on the child's holistic well-being over parental legal entitlements.

Komal Krishan Arora v. Sandeep Kumar, (SC) : Law Finder Doc id # 2779733