In Brief
The Supreme Court set aside a Family Court judgment that had appointed the mother as sole guardian of a minor child in guardianship proceedings filed by the father. The Court found that the Family Court had violated mandatory procedural requirements and principles of natural justice by discharging the father's counsel without notice, entertaining the mother's transposition and guardianship applications ex parte without proper service, and deciding the matter in less than eight days without recording evidence. The Court held that the father's conduct in habeas corpus proceedings could not be the sole basis for determining guardian fitness. The matter was remanded to the Family Court to be decided on merits with a child-centric approach focused on the child's paramount welfare, while restricting the mother from taking the child outside Delhi without permission."
The lawyer headnote and full judgment text are available to registered users.