The Supreme Court (SC) has recently given nod to a mother, a PhD degree holder in engineering, to take her two minor kids to the United Kingdom (UK) and enrol them in a school there, observing that their welfare and best interests must remain paramount in deciding custody.

An SC bench comprising Justices Vikram Nath and Sandeep Mehta delivered the verdict on September 23, bringing a striking development to a custody dispute that has continued for more than seven years. The top court also kept in view the mother’s efforts to build a stable academic career while caring for her children.

SC junks ‘nomadic life’ characterisation

The couple undergoing the dispute had tied the knot in 2011 and parted ways in 2018, when the wife was four months pregnant. She emerged as the primary caregiver of their son, now aged 13, and daughter, who is 7 years old now.

After leaving her marital home, the woman worked at several academic institutions, such as IIT Jodhpur and VIT University (Vijayawada), to move to Bengaluru later. She then secured a teaching position at the University of Hull in the UK, earning a salary of Rs 3 lakh/month.

Earlier courts had viewed her repeated changes of employment and residence as evidence of a ‘nomadic life’ and granted sole custody to the husband. The SC, however, rejected that characterisation, noting that the mother’s career moves were intended to establish herself professionally and secure financial stability for herself as well as her kids.

The Apex court held that her efforts to pursue employment while dealing with ‘multi-prolonged’ litigation demonstrated her commitment to securing her children’s future.

POCSO case against father considered

During the hearing, the SC also considered a pending criminal case registered against the father under the Protection of Children From Sexual Offences (POCSO) Act. As per the judgment, the son disclosed allegations indicating sexual abuse by his father during an examination at NIMHANS in Bengaluru in 2023. Subsequently, the father was booked under the act and a chargesheet was filed.

The accused father is contesting the proceedings, and his petition seeking to quash the case remains pending before the Calcutta High Court (HC). The top court held that, while the prosecution remained pending, granting custody of the children to the father would be ‘totally unwarranted and unjustified.’ It also remarked that the circumstances surrounding the child’s disclosure could not be simply disregarded while assessing his welfare.

The bench then considered the children’s stated preferences and counsellors’ reports concerning their interactions with their father.

Grandparents’ pension not counted as father’s income

Furthermore, the bench addressed the father’s financial position. He earns close to Rs 17,000/month as a part time lecturer, while his parents jointly receive a monthly pension of approximately Rs 1 lakh.

The court held that the grandparents’ pension could not be treated as part of the father’s financial capacity when assessing his ability to meet the children’s educational and other needs. It said those responsibilities primarily rest with the parents themselves.

As of now, the SC has greenlit the mother’s decision to take the children to the UK and enrol them in a good school. She is required to submit details of their schooling within six weeks and undertake to produce the children before the court whenever directed.

The appeals will next be heard in January 2027.