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Family LawSupreme Court of India

Komal Krishan Arora & Ors. vs. Sandeep Kumar @ Sandeep Chugh & Ors.

Not available · 2025 INSC 1123Decided 16 Sept 2025
Not available
Justice J.K. Maheshwari · Justice Vijay Bishnoi

Background

A husband ("father") and wife ("mother") married in 2010 had a bitter matrimonial breakdown, with the mother moving to the UK in 2021 with their daughter while their young son remained in India with his maternal grandfather (the lead appellant). The father, unable to get honest information about his son's whereabouts despite UK court orders for video-call access, filed a habeas corpus petition before the Punjab and Haryana High Court, which eventually granted him interim custody of the son; the grandparents and related family members then appealed to the Supreme Court, alongside connected contempt petitions arising from the UK and Indian proceedings.

Decision Breakdown

After personally interacting with the child and reviewing both the UK High Court's and the Indian High Court's orders, the Supreme Court found the mother's conduct, concealing the son's location, misrepresenting video calls as originating from the UK when they were from India, and not informing the father of the child's whereabouts: deeply troubling and against the child's welfare. Applying the settled "best interest of the child" standard from precedents like Lahari Sakhamuri and Rajeswari Chandrasekar Ganesh, the Court held the father, a qualified professional with stable means and residence in Noida, should retain custody, and dismissed the appeal. It gave detailed directions: custody to be handed to the father within 15 days, parties to initiate formal guardianship proceedings under the Guardians and Wards Act within a month, structured video and in-person visitation rights for the mother and maternal grandparents, a bar on removing the child from India without court leave, and monitoring by the local Juvenile Justice Board/Child Welfare Committee. All connected contempt petitions were disposed of accordingly.

Lesson Learnt

In child custody disputes, courts prioritize the child's demonstrated welfare and stability over the technical or emotional claims of either parent, and a parent's dishonesty about a child's whereabouts or misuse of court-ordered contact arrangements can decisively affect the custody outcome.

Komal Krishan Arora & Ors. vs. Sandeep Kumar @ Sandeep Chugh & Ors. – Legal Case Shots | LegalAware