In Brief
A mother challenged the High Court's order restoring custody of her two children to their father following a separation. The children had remained with the father initially, but he entrusted them to the mother for academic support during recess. The children stayed with the mother, who enrolled them in school in Mumbai where their academic performance improved significantly. The High Court ordered restoration of custody to the father, but the Supreme Court allowed the appeal. The Court held that child welfare is paramount and cannot be determined by rigid application of earlier interim orders. Given the children's ages (17 and 13 years), their clear preference to remain with their mother, improved academic performance in her custody, and emotional comfort, the Court directed custody remain with the mother while granting the father weekend access and vacation rights to ensure continued parent-child bonds.
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