‘Child’s interest is paramount in custody dispute’, Delhi HC’s important comment in child custody case

By Samira Vishwas On Jun 28, 2026

Delhi High Court has said in an important child custody case that children suffer the most due to disputes between parents. The court clarified that unnecessary delay in custody matters or not handing over the child to the other parent in time has an adverse effect on the mental, emotional and physical development of the minor. On this basis, the High Court upheld the order of the Family Court, under which permission was given to give interim custody of the minor girl to her father during the summer holidays.

Child’s welfare is most important

A division bench of Justice Tejas Karia and Justice Madhu Jain said that in every custody dispute, the best interest of the child is the priority of the court. The bench remarked that if the parents, due to their differences, prevent the child from meeting or spending time with the other parent, it has a direct impact on the mental health and emotional balance of the child. The court also said that repeatedly approaching the court in such cases is not beneficial for the child.

Relationship with both parents is important

The High Court said in its order that every child has the right to maintain a healthy, balanced and meaningful relationship with both mother and father. The court cautioned that encouraging the trend of deliberate delay in granting custody during holidays may affect the interests of the child as well as his relationship with both the parents.

The court did not accept the mother’s arguments

In the case, the mother had challenged the order of the family court saying that the father could not follow the terms of visitation agreed earlier and is not capable of taking care of the child alone in a foreign country. However, the High Court did not accept this argument. The court said that when the mother had no objection to the father taking care of the child in India, it was not fair to question his capacity merely on the basis of his residence in London.

Family Court’s decision upheld

After hearing the arguments of all the parties, the Delhi High Court rejected the mother’s appeal and kept the order of the Family Court intact and allowed her to hand over the interim custody of the girl to the father during the summer holidays.

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