‘Child’s welfare paramount’: HC givescustody to mother, says father unfit

Prayagraj: Holding that a child’s welfare is the paramount consideration in custody cases, the Allahabad high court on Thursday directed that the minor’s custody be handed over to her mother, finding her capable of serving the kid’s best interest.

The court noted that the father, who currently has custody of the child in Meerut, is an alcoholic, has undergone a liver transplant, and is financially dependent. In such a situation, giving him custody would not be conducive to the child’s overall welfare.

Disposing of a habeas corpus writ petition filed by the mother, Bhavna Singh, 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 interest of the child, which must override all other considerations, including the legal rights of the parents”.

The court said that the welfare of the corpus (minor boy) would be best served by allowing him to continue his education at a Shimla school as arranged by the mother.

Regarding the man’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 Jan 12, 2025, and has demonstrated financial dependency since his medical expenses were borne by his mother. In such circumstances, this court is constrained to observe that entrusting the custody of the minor to the father would not be conducive to his overall welfare, stability, and long-term development”.

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 directed the headmaster of the Shimla school to facilitate such visitation without any obstruction or inconvenience. “The parties are at liberty to bring to the notice of this court, any grievance in this regard, for appropriate directions.”

The woman had filed a habeas corpus petition seeking custody of her minor son. She had claimed she is lawfully entitled to custody because the child’s father, who currently has the child in Meerut, is habitually addicted to alcohol, has a history of domestic violence, and lacks financial stability to ensure the minor’s proper upbringing and welfare.

She had further submitted that she is a qualified medical professional residing in Gautam Budh Nagar and is financially self-sufficient. The minor son, presently aged about 10 years, has been admitted to Class V for the academic session 2026–2027 and she has incurred substantial expenditure, amounting to Rs. 17,00,000/- towards admission and related costs.