SHAZIA AMAN KHAN AND ANOTHER VS. THE STATE OF ORISSA AND OTHERS (2024)
In a seminal adjudication, the Supreme Court of India has rendered a landmark judgment in the matter at hand, wherein the Hon’ble Court has accorded primacy to the welfare of the child amidst the custodial contention, elevating the considerations of the child’s well-being above the dictates of biological lineage.
Background of the case:
The litigation concerned a 14-year-old female minor who had resided with the appellants, namely Shazia Aman Khan for over a decade. Subsequently, the biological father, one of the respondents, lodged a private complaint seeking custody subsequent to the closure if a prior abduction allegation against the appellants due to insufficient evidentiary support.
Issue:
Who should be granted custody of the girl, the biological father or the appellants who have nurtured her upbringing?
Decision:
The Supreme Court of India awarded custody of the minor to her paternal aunt, overturning the decision of the Orissa High Court, which had ruled in favour of the biological father.
Court’s Reasoning:
The hon’ble court, acknowledging the evolving maturity and agency of the girl, directly engaged with her. The minor conveyed her preference to continue residing with the appellants, citing a profound emotional attachment.
The court recognized the potential upheaval and emotional strain that a shift in custody could entail, particularly in light of the established stability and nurturing environment provided by the appellants.
While acknowledging the importance of biological relationships, the court decreed that they must not supersede the paramountcy of the child’s best interests.
