Issue before the Court

The appeal arose from a Delhi High Court order that set aside the Family Court’s custody arrangement and directed shared custody of the parties’ two children. The Supreme Court considered the children’s welfare and the appropriateness of that arrangement on the record before it.

Decision

The Supreme Court allowed the appeal and set aside the High Court’s shared-custody order. It restored the Family Court arrangement, under which the children remained in their father’s custody and their mother had visitation rights. The judgment treated the children’s welfare, rather than either parent’s claim as such, as the central consideration.

Legal context

The judgment discusses the Guardians and Wards Act, 1890, and the welfare standard in custody proceedings. It addresses the circumstances of these children and the orders in this case; it does not establish that the same custody arrangement is appropriate in other matters.

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