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Vivek Kumar Chaturvedi & Anr. v. State of U.P. & Ors.

Criminal Appeal · 2025 INSC 159Decided 7 Feb 2025
Criminal Appeal No. ___ of 2025 (@ SLP (Crl.) No. 14809 of 2024), Non-reportable
Justice B.R. Gavai · Justice K. Vinod Chandran

Background

A father sought custody of his minor son through a habeas corpus petition after the child's mother passed away in 2021 and the child went to live with his maternal grandparents. The High Court's Single Judge, after speaking with the child (who said he was comfortable with his grandfather), denied custody to the father, noting the father had remarried, while granting him monthly visitation rights. The father appealed to the Supreme Court, relying on precedent favoring a surviving natural parent's right to custody.

Decision Breakdown

The Supreme Court held that the father, as the natural guardian, had a strong claim to custody, especially since there was no history of abuse and he was financially stable and had made provisions (property, fixed deposits, insurance) for the child's welfare; his remarriage alone could not defeat his custody claim. However, recognizing the child had been separated from his father for over three years and was mid-way through an academic year with his grandparents, the Court crafted a transitional arrangement: the child would stay with the grandparents until the academic year ended (30 April 2025), with alternate-weekend visits to the father, after which full custody would transfer to the father, with the grandparents retaining ongoing visitation rights.

Lesson Learnt

In child custody disputes, a natural parent's right to custody is not lost merely because of remarriage, but courts will balance that right against a need to minimize disruption to the child's schooling and settled routine, often through a phased handover rather than an abrupt custody transfer.

Official source (sci.gov.in)View Judgment (PDF)

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