The Hon’ble Supreme Court while dealing with an SLP arising out of disposal of Writ of Habeas Corpus has categorically held that the father of a child cannot be granted custody merely because he is a natural guardian but the child’s welfare is the paramount consideration and that its judicial conscience is shocked by the fact that the Hon’ble Madhya Pradesh High Court treated the child as a transferable movable property.
The Hon’ble Supreme Court went on to criticise the non-consideration of the fact that the father is alleged to have committed the dowry death of the child’s mother and that the 2.5-year-old child had been living with her maternal aunt since two years. It is pertinent to mention that the Hon’ble supreme court had ordered a sleuth of directions in the best interest of the Girl Child and her future course of action.
