Supreme Court reverses custody judgment, grants child to mother due to separation anxiety
The Supreme Court reversed its own 2024 judgment, granting custody of a 12-year-old child to his mother after new evidence revealed the child was suffering from "separation anxiety disorder." The initial judgment had upheld a Kerala High Court decision to transfer custody to the biological father, considering the mother's remarriage and intent to move abroad. However, the mother, who had been the primary caregiver, presented evaluation reports from Christian Medical College, Vellore, demonstrating the "calamitous effect" of the separation on the child's mental health. The Bench, led by Justice Vikram Nath, prioritized the child's best interests, emphasizing a secure and loving family environment.
Key Points
- The Supreme Court exercised its review power to reconsider a child custody judgment.
- The decision was based on new evidence of the child's severe separation anxiety disorder.
- The court prioritized the child's mental health and overall well-being over previous considerations.
- The judgment highlights the importance of a secure, supportive, and loving family environment for a child's healthy development.
- The biological father was granted visitation rights, with a caution against negative remarks to the child.
Exam Facts
- The Supreme Court reviewed its own 2024 judgment.
- The child was 12 years old.
- Evaluation reports were from the Christian Medical College, Vellore.
- The Bench was headed by Justice Vikram Nath.
- The case involved a Kerala High Court decision.
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