In Brief
In this custody dispute over an 11-year-old boy born in India to parents of dual nationality, the Supreme Court held that the child's welfare requires him to remain with his mother in India rather than be transferred to his father in Kenya. Although the child was articulate and preferred his father, the Court found that preferences alone are not determinative in custody matters. The paramount consideration is the child's best interests: he has lived in India for 11 years and lacks connections in Kenya, while his mother has been his primary caregiver without disqualifying disabilities. The Court rejected claims of parental unfitness unsupported by credible evidence and ruled that a court cannot award custody placing the child beyond its supervisory jurisdiction. The mother retained custody with the father granted supervised visitation rights in India and holidays abroad, subject to travel document restrictions.
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