In Brief
A Colonel in the Indian Armed Forces and his estranged wife, a schoolteacher, contested custody of their two teenage children. The Family Court awarded permanent custody to the father with visitation rights to the mother. The High Court set aside this order and directed shared custody, citing concerns about potential parental alienation and the children's prolonged separation from their mother. The Supreme Court held that the children's consistent preference—expressed across four years and multiple court interactions—to reside with their father must receive serious consideration. The Court found no substantiated instances of alienating behaviour and noted that the military's robust support system (housing, schools, healthcare) ensures child welfare. The Court reversed the High Court's order, restoring the Family Court's custody award to the father, subject to the mother's visitation rights.
The lawyer headnote and full judgment text are available to registered users.