Supreme Court Observes 14-Year-Old Girl Can’t Be Treated As 'Chattel' In Custody Battle

The Supreme Court, in its ruling, took into account that the child, born in March 2014, had been residing with the sister of her biological father since she was approximately three months old.

New Delhi: The Supreme Court recently overturned an Odisha High Court order allowing the biological father of a girl her custody, observing that a 14-year-old child cannot be treated as chattel. "She was living happily with her paternal aunt,” the top court said while hearing an appeal by the paternal aunt (father's sister) against the high court order and further observed the stability of a child is of “paramount importance”.

The Supreme Court, in its ruling, took into account that the child, born in March 2014, had been residing with the sister of her biological father since she was approximately three months old. The court clarified that the case did not involve claims of adoption, which are not permissible under Mohammedan law, nor were there claims of guardianship, as reported by PTI.

Instead, "the dispute centered solely on the custody of the child. Guardianship is also not being claimed. It is only the dispute regarding custody of the child,” a bench of Justices CT Ravikumar and Rajesh Bindal said, as quoted by PTI.

SC Bench Engaged In Direct Interaction With Child 

In its judgment on Monday, the SC bench mentioned that it had engaged in direct interaction with the child involved in the case. The child said, she was happy living with the present family and that she did not wish to be “destabilised”. Furthermore, the court observed that when custody was initially granted to the paternal aunt, she was unmarried. However, she is now a mother herself, with two children. 

Despite the paternal aunt's change in marital status and her new role as a mother, the Supreme Court's decision remained unaffected as the bench prioritised the child's expressed preference to remain with her aunt. Keeping in view her age at present, she is capable of forming an opinion in that regard, it noted.

Additionally, the court reiterated that the child should not be treated as mere property, emphasising that she cannot be compelled to live with her biological father, with whom she has not resided since birth, as per PTI.

“The stability of the child is also of paramount consideration,” the SC said. The mother of the girl had given birth to twins in 2014. While the couple kept one of the two babies with them, they handed over the girl to her maternal grandmother to raise her. The maternal grandmother kept her for three months before handing her over to her aunt with whom she was living until the Odisha High Court order.