In Brief
A seven-year-old girl, Saesha Singh, born to an army officer (appellant) and a teacher (respondent) was forcibly retained by her father following marital separation in August 2010 when she was less than two years old. The trial court favoured the father; the High Court granted custody to the mother. The Supreme Court held that while the child desires to remain with her father, this preference was formed without meaningful exposure to her mother. Applying the principle that maternal care is fundamental to child welfare, the Court awarded custody to the mother for one academic year with liberty to reassess, granting the father visitation rights and ensuring the child's admission to the mother's school."
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