Observing that a 14-year-old child cannot be treated as "chattel", the Supreme Court has set aside an order of the Orissa High Court allowing the biological father of a girl her custody, saying she was living happily with her paternal aunt.
The top court, while hearing an appeal by the paternal aunt (father's sister) against the high court order, said the stability of a child is of "paramount importance".
It noted that the child, born in March 2014, has been living with the sister of her biological father since she was around three months old.
"It is not a case in which any of the parties is claiming adoption which otherwise is not permissible under Mohammedan law. Guardianship is also not being claimed. It is only the dispute regarding custody of the child," a bench of Justices CT Ravikumar and Rajesh Bindal said.
In the judgment pronounced on Monday, the bench said it interacted with the child, who said she was happy living with the present family and that she did not wish to be "destabilised".
The Supreme Court noted that when the child's custody was given to the man's sister, she was unmarried, but now she has two children.
This, however, was not a deterrent to the court's verdict as the child categorically voiced her desire to continue living with her aunt.
"Keeping in view her age at present, she is capable of forming an opinion in that regard... She cannot be treated as a chattel at the age of 14 years to hand over her custody to respondent No 2 (biological father) where she has not lived ever since her birth. The stability of the child is also of paramount consideration," the Supreme Court said.
The mother of the girl had given birth to twins in 2014. While the couple kept one of the two babies with them, they handed over the girl to her maternal grandmother for raising her. The maternal grandmother kept her for three months before handing her over to her aunt with whom she was living until the Odisha High Court order.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Featured Video Of The Day
Urvashi Rautela Sports A Blingy Outfit, Paparazzi Wish Her Merry Christmas
Supreme Court Dismisses Plea Seeking Review Of Bail Order To Senthil Balaji "Marriage Built On Trust, Companionship, Shared Experiences": Supreme Court "Medical Seats Should Not Go To Waste When Country Faces Shortage Of Doctors": Supreme Court 4-Year-Old Boy Run Over By Speeding Creta In Mumbai, Teen Driver Arrested BJP Leader Who Lost To Priyanka Gandhi Challenges Election, Congress Reacts Germany Refused To Extradite Saudi Suspect? Suicidal Empathy, Says Elon Musk BJP Leader Who Lost To Priyanka Gandhi Challenges Election, Congress Reacts "Frontal Attack On Constitution": Congress Chief Slams Poll Rules Tweak 4 Dead As Ambulance Helicopter Crashes Into Hospital Building In Turkey Track Latest News Live on NDTV.com and get news updates from India and around the world.