AIROnline 2024 SC 114

Supreme Court Of India

Hon'ble Judge(s): C. T. Ravikumar, Rajesh Bindal , JJ

Constitution of India , Art.226— Custody of child - Restoration of, to biological father - Welfare of the child - Twins were born to respondent and his wife - One of them had been living with appellant /sister of respondent since she was 3-4 months old - Presently, she was about 14 years of age - Child categorically stated that she was happy with family where she had been brought up - She was having cordial relations with her brother and sister - She did not wish to be destabilized - Best interest of child still remained with appellant - She could not be treated as a chattel at age of 14 years to hand over her custody to respondent, with whom she had never lived since her birth - Order of High Court restoring custody of child to respondent was set aside. AIROnline 2023 Ori 304-Reversed (Para 17 19 20) .....