Assessment Of Child’s Welfare For Custody Possible Only After Level Playing Field Is Given To Both Parents: SC [Read Judgment]

It observed that presumption in favour of maternal custody as sound child welfare policy is rebuttable and in a given case, it can be shown that father is better suited to have the custody of the child. The Supreme Court in Vivek Singh vs. Romani Singh, has held that assessment that which of the either parent is better suited to have the custody of the child can be done only after level. The Supreme Court in Vivek Singh vs. Romani Singh, has held that assessment that which of the either parent is better suited to have the custody of the child can be done only after level playing field is granted to both parents. Only when she is exposed to that environment of living with her mother, that she would be in a position to properly evaluate as to whether her welfare lies more in the company of her mother or in the company of her father.” The court further observed that presumption in favour of maternal custody as sound child welfare policy is rebuttable and in a given case, it can be shown that father is better suited to have the custody of the child.