Vivek Singh v. Romani Singh (2017) — CA No. 3962 of 2016

Quick Summary

This case is about who should get a child’s custody—the father or the mother. The Supreme Court applied a simple rule: welfare of the child comes first. Everything else—comfort, present routine, or parents’ wishes—comes after that.

On these facts, the Court gave custody to the mother. It refused to let the father benefit from disobeying earlier orders and stressed the child’s long-term growth with a present and available caregiver.

Issues

• Who is entitled to guardianship and custody—the father or the mother?
• How should courts balance present comfort vs. long-term welfare?

Rules

Section 13, Hindu Minority and Guardianship Act, 1956: Welfare of the minor is the paramount consideration in any guardianship appointment or declaration.

• No person gets guardianship by default if it is not in the child’s welfare.

Arguments

The Supreme Court awarded guardianship and custody to the mother. The father could not benefit from his own contempt that delayed custody transfer. Present comfort mattered, but long-term welfare mattered more.

The Court highlighted the child’s need for a mother’s presence at a young age and the practical advantage of a teacher-parent’s schedule and school ecosystem.

Ratio (Core Principle)

In custody matters, the welfare of the minor is supreme. A parent cannot gain from disobedience. Availability, stable care, and educational support weigh heavily for welfare.

Why It Matters

• Confirms that welfare overrides technical rights or temporary arrangements.
• Discourages strategy of non-compliance to retain custody.
• Gives weight to time, accessibility, and education in welfare analysis.

Key Takeaways

• Welfare of the child is the paramount test under Section 13 HMGA.
• Courts look at time, daily care, schooling, and emotional needs.
• Parent cannot profit from contempt or delaying tactics.
• Mother’s role is important, but welfare can favor any parent on facts.

Mnemonic + 3-Step Hook

Mnemonic: “KID-FIRST” — Kind care, Immediate time, Development; Future welfare, Integrity (no contempt), Routine not decisive, School support, Trusted caregiver.

1. Ask: Which home best serves long-term welfare?
2. Check: Time, stability, education, emotional care.
3. Apply: Section 13 HMGA; ignore gains from disobedience.

IRAC Outline

Glossary

Paramount Welfare

The child’s best interests dominate all other considerations in custody and guardianship.

Guardianship

Legal responsibility for a child’s care, decisions, and property where relevant.

Visitation

Scheduled time for the non-custodial parent to meet and interact with the child.

FAQs

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