The observations came while hearing an appeal against a Patna High Court order that had taken away the 14-year-old from the custody of her aunt’s family on the ground that the aunt had biological children.
The High Court had acted on a habeas corpus petition filed by the biological father.
The aunt then moved the apex court challenging the High Court order.
The top court at the outset noted that the aunt in her appeal was not claiming guardianship or adoption but was only seeking the child’s custody.
Based on its interaction with the parties in chambers, the Court found the child quite intelligent and aware of her welfare.
“She categorically stated that she is happy with the family where she has been brought up. She has other brother and sister. She is having cordial relations with them. She does not wish to be destabilized,” the Court said.
The aunt having since married or conceiving twice is not a deterrent for the Court to conclude that the best interests of the child remain with the aunt, the bench added.
Source: Barandbench
