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Supreme Court Restores Custody to Mother After Boy’s Separation Anxiety

The apex court said new clinical evaluations revealed the child’s severe distress from being separated from his primary caregiver.

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Overview

  • Justices Vikram Nath and Prasanna B Varale invoked the court’s rare review power under Article 137 to reverse their prior August 2024 custody decision.
  • Clinical psychologist reports from Christian Medical College, Vellore, showed the boy suffered acute anxiety and fear after his custody was transferred to his father.
  • The court restored full custody to the mother and instructed her to facilitate regular visitation for the father.
  • Judges barred any permanent relocation of the child outside India, permitting travel only during Onam, Christmas and half of his summer break.
  • The ruling highlights that custody orders are not immutable and must evolve under the doctrine of parens patriae in the child's best interest.