Question

In which case the Supreme Court observed that “She cannot be treated as a chattel at the age of 14 years to hand over her custody to her biological father where she has not lived ever since her birth. The stability of the child is also of paramount consideration”?

• A. Shayara Bano v. Union of India (2017)
• B. Nahas v. State of Kerala (2020)
• C. Shazia Aman Khan and another v. State of Orissa (2024)
• D. Mansoor Saheb v. Salima (2024)

Hint:

In child custody law, the legal principle of "welfare of the child is paramount" always takes precedence. The court considers the child's best interests above the strict legal rights of the parents.

Answer 1

The Correct Option is C

Step 1: Understand the core principle in child custody cases.
The guiding principle in all child custody matters is the "welfare of the child.
" The court's primary duty is to decide what is in the best interest of the child, which may sometimes override the strict legal rights of the biological parents.

Step 2: Identify the specific case.
The observation mentioned in the question was made by the Supreme Court in the recent 2024 case of Shazia Aman Khan and another v.
State of Orissa.

Step 3: Know the facts and ruling of the case.
The case involved a habeas corpus petition filed by a biological father seeking custody of his 14-year-old daughter.
The daughter had been living with her maternal aunt and uncle since her birth, following her mother's death.
The Supreme Court refused to grant custody to the father, emphasizing that a 14-year-old child is not a "chattel" (a piece of property) to be transferred based on legal claims alone.
The court gave paramount importance to the child's stability, emotional well-being, and the fact that she had lived her entire life in a stable home with her maternal relatives.