Appearing on behalf of the Petitioner/Father before the Ld. Family Court, Saket, we successfully secured interim custody of the minor child during the examination period, despite objections raised by the respondent-mother. The petitioner had moved an application under Section 12 of the Guardians and Wards Act seeking custody only till 04.08.2026, ensuring that the child could complete the ongoing examinations without the disruption of repeatedly shifting residences.
The respondent opposed the application, contending that she intended to teach the child Spanish during the intervening period. However, upon the Court’s inquiry, it emerged that the respondent herself would be unavailable to take custody for a substantial part of that period due to her office commitments. The Court observed that this stand undermined the very basis of the objection, particularly when the Spanish examination was scheduled only on 31.07.2026 and the child’s immediate concern was the ongoing examination schedule.
Recognising that the best interests of the child must prevail over the competing positions of the parties, the Hon’ble Family Court allowed the father’s application and granted him interim custody till 04.08.2026, specifically observing that this arrangement would avoid unnecessary inconvenience and the disruption caused by shifting the child’s residence in the midst of examinations. The respondent was granted liberty to resume custody thereafter in terms of the existing arrangements.
The order serves as another reminder that in custody disputes, courts remain guided by the welfare, stability and educational interests of the child, and will not permit parental objections unsupported by practical realities to override those paramount considerations.