The restoration of custody over a teenage girl to her aunt by the Supreme Court has brought attention to the paramount importance placed on the welfare and stability of the child. The Court's ruling, which set aside a previous order by the Patna High Court, was prompted by a case involving the custody of a 14-year-old girl who had been residing with her paternal aunt's family, rather than her biological father with whom she had not lived since birth.

Emphasizing that the well-being of the child takes precedence, the decision was made by a bench comprising Justices CT Ravikumar and Rajesh Bindal, reinstating custody of the girl to her aunt. 

The Court acknowledged the girl's capacity to form her own opinion on the matter, underscoring that she should not be treated merely as a possession to be handed over to her biological father.

The legal dispute originated when the Patna High Court, responding to a habeas corpus petition filed by the biological father, had ordered the removal of the girl from her aunt's custody. 

The High Court's decision was challenged by the aunt in the Supreme Court, where she sought to regain custody of the child.

During the proceedings, consideration was given by the Supreme Court to the child's intelligence and awareness of her own welfare, with the Court noting her expressed happiness and stability within her aunt's family. 

Despite concerns raised about the aunt's marital status and having biological children of her own, the Court maintained that these factors did not outweigh the importance of the child's best interests, which were evidently served by remaining in the care of her aunt.

The decision underscores the principle that the well-being and happiness of the child should be the guiding factor in custody disputes. By prioritizing the child's own preferences and considering her current living situation, the Supreme Court upheld the notion that custody arrangements should serve the child's emotional and psychological needs above all else.

Case: SHAZIA AMAN KHAN AND ANOTHER vs. THE STATE OF ORISSA AND OTHERS, 

CRIMINAL APPEAL NO. OF 2024 (Arising out of Special Leave Petition (Crl.) No.7290 of 2023).

Click to read/download Judgment.