Child’s preference for parent not enough to determine custody dispute: Madhya Pradesh High Court

When a 12-year-old boy, in a heated custody battle between his parents, said he wanted to stay with his mother, the Madhya Pradesh High Court held that a child’s preference to remain with a parent cannot, by itself, determine a custody dispute. The court, though, acknowledged the “importance of the mother’s care and guidance at this stage of the child’s life.”

A division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh said that merely because a child had been living with the mother for a long time or preferred to stay with her could not, by itself, decide custody. “The Court must consider what is in the best interest and welfare of the child, including the importance of the mother’s care and guidance at this stage of the child’s life,” the bench said.

The bench drew on the Supreme Court’s ruling in Vivek Singh v Romani Singh case, in which the apex court had considered the role of a mother in the development of a child. Referring to that judgment, the High Court noted that once the child in that case had reached eight years of age, she was entering a stage in which her “thinking and personality” were developing and “the love, care and company of the mother” were important for her proper development.

“In the present case, the ward is 12 years old and, therefore, the same reasoning applies even more strongly,” the High Court said.

The father had argued that the child was now old enough to take a decision concerning his own well-being. He also alleged that his visitation rights had repeatedly been violated, making it difficult for him to meet the child.

Disputing the allegations, the mother argued that a 12-year-old was not competent to independently decide what was good or bad for him. She also contended that the father had himself failed to avail the opportunity provided to him under an earlier HC order.

The High Court also considered the father’s subsequent marriage as a relevant circumstance in determining the child’s welfare.

Relying on the Supreme Court’s judgment in Ruchi Majoo v Sanjeev Majoo, the bench observed that the father’s second marriage was an important factor, particularly in assessing whether he was genuinely willing to assume the day-to-day responsibility of raising the child.

The court said the facts of the present case were similar to those considered by the Supreme Court in the Ruchi Majoo case, where custody had been continued with the mother after the father’s subsequent marriage. Applying that principle, the High Court held that the child would be “better served by continuing in the custody of the mother”, where he could have “greater stability, continuity of care and emotional support”.

At the same time, the court made clear that retaining custody with the mother did not mean cutting off the father’s relationship with the child. “The appellant/father, being the biological father of the ward, has a right to meet the ward,” the bench said.

The court, accordingly, made an earlier interim arrangement for visitation absolute. Under the arrangement, the father would be permitted to meet the child at a neutral place, while the mother would facilitate regular contact through video calls.

The court further directed the mother to share her mobile number after an undertaking was given that the father would not abuse the child, his mother or their relatives, directly or indirectly. If any such abuse occurred, the child and mother would be entitled to discontinue the conversation, the court said.

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More