Constitution of India, Article 225 – Guardians and Wards Act, 1890, Section 19 – Custody of child – Habeas Corpus – Writ of – Twins were born to respondent No. 2 and his wife on 20.03.2010 – One of them, the custody of whom is in question, has undisputedly been living with appellant No. 2ever since she was 3-4 month old and thereafter with the family – Presently, she is about 14 years of age – 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–Held that welfare of the child lies with her custody with the appellants and respondent No.10 – This is coupled with the fact that even she also wishes to live there – Keeping in view her age at present, she is capable of forming an opinion in that regard – She was quite categoric in that regard when interacted with her – She cannot be treated as a chattel at the age of 14 years to handover her custody to the respondent No.2, where she has not lived ever since her birth – Stability of the child is also of paramount consideration – Impugned order passed by the High Court liable to be set aside, as a result of which the writ petition filed by respondent No. 2 in the High Court liable to be dismissed. (Para 9, 19 to 21)
SUPREME COURT OF INDIA
2024 STPL(Web) 141 SC
[ 2024 INSC 163]
SHAZIA AMAN KHAN AND ANOTHER Vs. STATE OF ORISSA AND OTHERS
Criminal Appeal No. 1345 of 2024 (Arising out of Special Leave Petition (Crl.) No.7290 of 2023)-Decided on 4-3-2024
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