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Counsel submitted that welfare and benefit of the child is of paramount interest, which supersedes everything. She further sought for direction to the parties to be sent for mediation, to resolve the matter.
In a petition challenging the right of "real parents" to seek custody of the child after years, from the adoptive parents, a Supreme Court Bench of CJI U.U. Lalit and Justice Bela M. Trivedi, questioned the grounds on which the custody can be denied to the biological parents. And further refuted all the claims made by the petitioner.
The Counsel appearing before the Court submitted that the child (studying in 4th standard) was with the adoptive parents since she was 3.5 years till now, which is 9 years. And that the Biological parents wanted to take the child to Saudi Arabia, which will be a new environment for her. Therefore, considering the chances of her not being comfortable with the changed environment and finding it difficult to adjust, should be taken into consideration by the Court.
Counsel further submitted that the welfare and benefit of the child is of paramount interest, which supersedes everything. She further sought for direction to the parties to be sent for mediation, to resolve the matter. The Court, however refuted such request, as it believed that the sending the parties to mediation will only stretch the matter. And further contended that the souring relationships of the older members should not be a reason to neglect welfare.
The Counsel for the respondents said that the child has three siblings, and is third in number, where the child is being denied the right to be with them. And that the request for mediation is just to delay the process and nothing else.
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