Custody Battle: Upholding the Rights of the Minor Daughter

In a landmark ruling by the Supreme Court of India, the rights and well-being of the minor daughter have been reaffirmed in a custody battle between the parents. The Court’s decision, upholding the order granting custody to the father and visitation rights to the mother, sets a precedent for cases involving parental disputes over children’s custody. Learn more about the case and its implications on child welfare and family law.


  • The minor daughter, over 12 years old, is currently residing with the father and studying in Class VII.
  • Petitioner mother challenged the custody arrangement in a Matrimonial Appeal before the High Court.
  • Allegations of molestation by the father led to a guardianship petition filed by the father, citing the mother’s mental health as a concern.
  • Child expressed a desire to live with the father and denied allegations of abuse against him.
  • Counsellors were appointed to assess the child’s well-being and the mother’s mental state.
  • Family Court ordered custody shifts between mother and father with supervision and video call arrangements.
  • Mother’s non-compliance with court orders led to suspension of visitation rights.
  • Child expressed preference to live with the father due to better care provided.
  • The Court held that the child appeared happy with the father and maintained interim custody with him.
  • The High Court dismissed the mother’s appeal and upheld previous Family Court orders.
  • Further visitations for the mother were restricted to specific dates and times in a designated Childrens’ Room.
  • The Court reviewed video evidence provided by the mother but found no support for her allegations of sexual abuse by the father.
  • Reports from three Counsellors indicated the child’s strong desire to live with the father.
  • The High Court noted the child’s comfort with the father as per Counsellors’ reports.

Also Read: Land Dispute Resolution: A Supreme Court Judgement


  • The mother received love and affection from her father, who took care of her food, education, and assisted her in school projects and activities.
  • The Court emphasized the importance of considering the child’s ordinary comfort, contentment, intellectual, moral, and physical development, health, education, general maintenance, and favorable surroundings in exercising parens patriae jurisdiction.
  • The Court is not bound by statutes, strict rules of evidence, procedure, or precedent in making custody decisions.
  • The welfare and well-being of the child should be the paramount consideration in custody matters.
  • The Order passed by the Family Court granting custody of the minor daughter to the father and visitation rights to the mother was affirmed.
  • The findings in the present Order are prima facie in nature, as it was passed at an intermediate stage of the proceedings.

Also Read: Bank Guarantee Dispute: ANZ Grindlays Bank v. Heavy Engineering Corporation Ltd.


  • Special Leave Petition has been disposed of accordingly.
  • The order has been given accordingly.
  • Any pending applications will also stand disposed of.

Also Read: Impactful Judgement: Filing of Revised Income Tax Returns Post Amalgamation

Case Title: DSG Vs. AKG

Case Number: SLP(C) No.-025098 / 2019

Click here to read/download original judgement

Leave a Reply

Your email address will not be published. Required fields are marked *