G H DSG versus AKG

Citation: [2019] 15 S.C.R. 144 · Decided: 16-12-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT, INDU MALHOTRA, KRISHNA MURARI · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 15 S.C.R.
DSG
v.
AKG
(Special Leave Petition (Civil) No. 25098 of 2019)
DECEMBER 16, 2019
[UDAY UMESH LALIT, INDU MALHOTRA
AND KRISHNA MURARI, JJ.]
Child Welfare: Custody of minor daughter –  Respondent-
father filed a Guardianship Petition before the Family Court seeking
custody of minor daughter on the ground that the petitioner mother
was suffering from Paranoid Schizophrenia and required treatment
and that on account of mental illness, she had been treating the
child with cruelty – Petitioner-mother contested the Petition alleging
that the minor daughter was being sexually abused by the father
and that it was unsafe for the child to be in his custody – Three
counsellors were appointed on various dates as directed by Family
Court –  The consistent view of all the three Counsellors was that
the mother showed symptoms of “Paranoid Schezophrenia “ which
required immediate assessment and proper treatment keeping in view
the welfare of the child –  Family Court after referring to the reports
of three Counsellors held that the child expressed her unequivocal
desire to live only with the father and denied the allegations of
sexual abuse by father and, therefore, there would not be any
change in interim custody of minor with the father – Petitioner
challenged the order of Family Court before the High Court –
During pendency of appeal before High Court, the petitioner filed
application before Family Court seeking custody of minor daughter
during vacations for 15 days, which was allowed – However, on
the day of return of custody, the petitioner sent text to respondent
that she was in Goa with daughter and would return after 5 days –
Respondent filed contempt petitions against petitioner since she had
not returned the custody of the child as per the order of Family
Court – Directions were issued to the SHO to locate whereabouts of
the child whereafter she was found at the residence of petitioner
and when produced before the Family Court her custody was handed
over to the respondent – The visiting rights of the petitioner were
 [2019] 15 S.C.R. 144
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restricted and she was allowed to meet the daughter in the Children
Room of court premises only – High Court dismissed the appeal of
petitioner and upheld interim custody of daughter with respondent
– Hence instant Special Leave Petition by mother – This Court
individually interviewed both the parents and interacted with the
child and found that she was certainly capable of forming an
intelligent preference regarding her custody – The minor daughter
being over 12 years of age and studying in class VII was
unequivocal about her definite desire to reside with her father –
She stated that she received love and affection from her father, who
was taking care of her food, education and assist her in her school
projects and activities – Thus, the order of Family Court granting
custody of the minor daughter to father and visitation rights to the
mother is affirmed – Special Leave Petition disposed of – Parens
Patriae jurisdiction.
Nil Ratan Kundu & Anr. v. Abhijit Kundu (2008) 9 SCC
413 : 2008(11) SCALE 437 – relied on
Case Law Reference
(2008) 9 SCC 413
relied on
Para 24
EXTRAORDINARY APPELLATE JURISDICTION: Special
Leave Petition (Civil) No. 25098 of 2019.
From the Judgment and Order  dated 26.03.2019 of the High
Court of Delhi at New Delhi in MAT (FC) No. 312 of 2018.
Mr. Nirnimesh Dube, Adv. for the Respondent.
Petitioner-in-Person.
The Order of the Court was passed by
INDU MALHOTRA, J.
1. The present Special Leave Petition has been filed by the
Petitioner – mother to challenge the Order dated 26.03.2019 passed by
the Delhi High Court in Matrimonial Appeal (FC) 312/2018 with respect
to the custody arrangement of the minor daughter.
2. The minor daughter was born on 21.08.2007, and is now over
12 years old. The child is currently residing with the Respondent –father,
and is studying in Class VII in Holy Child Senior Secondary School,
New Delhi.
DSG v. AKG
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
3. On account of the marital discord between the parties,the
Respondent – father filed a Guardianship Petition bearing No. G.P. 2266/
2018 before the Family Court, Tis Hazari, New Delhi seeking custody of
the minor daughter on the ground that the Petitioner –wife was suffering
from Paranoid Schizophrenia and required treatment. On account of the
mental illness, the Petitioner – wife treated the child with 

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