The court made the observations while dismissing the petition of a man seeking permanent custody of his minor son.
| Photo Credit: SUSHIL KUMAR VERMA
The Delhi High Court has held that in matters of child custody, the overriding consideration is not the individual rights of parents but the welfare of the minor.
A Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar made the observations while dismissing the petition of a man seeking permanent custody of his minor son.
In his plea, the father expressed concern about his child’s medical needs and overall well-being, claiming that he and his family were better placed to provide him a stable and secure upbringing.
To this, the court said, “It must be reiterated that in matters of custody, the paramount and overriding consideration is the welfare of the minor child”.
“The touchstone is not the individual rights or preferences of the contesting parents, but rather a holistic assessment of what arrangement would best serve the child’s physical, emotional, moral, and educational well-being,” it added.
Published – August 17, 2025 01:12 am IST
