Neethu B. @ Neethu Baby Mathew vs. Rajesh Kumar 2025 INSC 853 - Child Custody Orders

Child Custody - Custody orders are always considered interlocutory orders and by the nature of such proceedings, custody orders cannot be made rigid and final. Rather, the Courts are entitled to alter and mould the custody orders in view of the best interest of the minor. The core and inalienable standard is the paramount consideration of the child’s welfare, which is affected by an array of factors, is ever evolving and cannot be confined in a straitjacket. Therefore, each case has to be dealt with on the basis of its unique facts and take into account any change in circumstances which have an impact on the quality of a child’s upbringing. (Para 14-15) Best interests of a child -The factors defining the best interests of a child are multiple and range from quality education, a nurturing family environment, healthy worldly experiences, provision of basic amenities of life, meeting of financial requirements, access to a friendly social system to imparting of spiritual and cultural learnings. The list is naturally not an exhaustive one. However, the essential feature is that a secure, supportive and loving family forms the bedrock of a healthy childhood experience and helps one grow into a balanced, positive and confident adult. (Para 25) The stability and security of the child is an essential ingredient for the full development of the child’s talent and personality. Even most of the well grown adults do not perceive sudden and huge changes in their lives very comfortably and often exhibit symptoms of distress when confronted with such an imminent change to their regular life. It would be extremely harsh and insensitive for the courts of law to expect the child to accept and flourish in an alien household where his own biological father is akin to a stranger to him. We cannot turn a blind eye to the trauma that is being inflicted on the child in consequences of the orders of the courts of law handing custody to the father, who is alleged to exhibit apathy towards the tender emotional state of the minor. (Para 34)

Constitution of India - Article 137 - The scope of a review is usually considered very limited, and the grounds for maintainability of a review petition - before entertaining review on the ground of discovery of new matter or evidence is required to record its satisfaction about three aspects, which can also be called as “triple test” i.e., (i) new matter/evidence discovered is of such nature which could change the judgment (ii) such new matter/evidence was not within the knowledge of the party seeking review (iii) same could not be produced before court even after due diligence. When any of the conditions of the test, as laid down above is not fulfilled, “discovery of new matter/evidence” ipso facto would not be sufficient ground for the Court to interfere with the finality of the judgment. (Para 11-12)

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