Mrs. Monika Aggarwal, Mr. Jai Gaba, Mr. Ashish Sapra and Mr. Dinesh Kumar, Advs v. DHEERAJ CHAUHAN ANR

Judgment

1. The issue which arises for consideration in the present Appeal is whether, in the facts and circumstances of this case, the welfare and best interest of the minor son would be better served by transferring his permanent custody from the Respondent-father to the Appellant- mother, who already has custody of the elder minor daughter, or whether the arrangement directed by the learned Family Court, whereby each parent retains custody of one child, ought to be maintained. Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 1 of 13

2. The present Appeal, filed by the Appellant-mother, assails the correctness of Judgment dated 18.09.2023 [hereinafter referred to as “Impugned Judgment”] passed by the learned Family Court, whereby the Family Court directed that the custody of the minor daughter, Devangana, shall remain with the Appellant-mother, while the custody of the minor son, Yohan, shall remain with the Respondent-father. The Appellant seeks limited interference to the extent that the permanent custody of the minor son, Yohan, be also entrusted to her, contending that the arrangement directed by the Family Court fragments the natural bond between siblings and that the welfare, emotional stability, and holistic development of the minor son would be better secured in the care and company of his mother and sister.

3. This Court has heard learned counsel for the parties at considerable length, carefully perused the paperbook, and the Impugned Judgment and also interacted with the two minor children on 01.11.2025 in chambers. Separate interactions were held with the son, Yohan, and the daughter, Devangana, to understand their individual perspectives and the nature of their emotional bonding. The record of these interactions, together with the pleadings and evidence, constitutes the factual substratum on which the Court must apply the settled legal principles governing child custody disputes. FACTUAL MATRIX

4. The brief facts leading to filing of the present Appeal, as

pleaded, are that the marriage between the parties was solemnized on

23.01.2007 according to the Hindu rites and ceremonies. Out of the Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 2 of 13 said wedlock, two children were born – Devangana, the elder daughter, on 24.12.2009, and Yohan, the younger son, on 04.09.2014. Owing to the growing matrimonial discord and incompatibility, the relationship between the parties deteriorated over time, eventually resulting in their separation. Both parents are gainfully employed, the Appellant-mother with HDFC Bank, and the Respondent-father with M/s Cipla Ltd. The record further reflects that multiple proceedings between the parties are pending across different fora, including criminal complaints, domestic violence proceedings, and guardianship proceedings, one of which, G.P. No. 31/2018, culminated in the Impugned Judgment dated 18.09.2023.

5. The Appellant’s grievance is confined only to the latter part of the Impugned Judgment whereby custody of the son, who is now over 11 years of age, was directed to remain with the father. The Family Court, after appreciating the evidence adduced by both sides, had taken the view that while the daughter should remain with the mother, the son’s welfare would be better served in the care of the father. It is this determination that is under challenge before this Court.

6. Interaction with the Minor Son, Yohan - On 01.11.2025, this Court interacted in chambers with the minor son, Yohan, who appeared to be a bright, articulate, and well-mannered child. During the interaction, this Court found him to be confident in expressing his views and responses to the questions put to him. He stated that he has been residing with his father and paternal grandmother for the past 7 years and feels emotionally secure and attached to them. He expressed Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 3 of 13 a clear preference to continue residing in the same environment, emphasizing his comfort and routine with his father and grandmother.

7. The child also mentioned that his mother resides within the same residential complex, at a short distance of approximately one and half kilometre, and that his maternal grandparents live in another tower within the same complex. This Court found that Yohan was aware of both households and the people in them, but his responses reflected that his day-to-day life and primary emotional comfort presently revolve around his father and grandmother. His statements were made without any visible sign of coaching or hesitation, and the Bench found his preference to be both genuine and informed for his age.

8. Interaction with the Minor Daughter, Devangana -This Court also interacted with Devangana, the elder daughter, who is now about 16 years old. When enquired about her relationship with her younger brother, she expressed natural affection and concern for him. However, upon further questioning, it emerged that despite studying in the same school, the siblings rarely meet or spend time together outside of school activities.

9. This Court, in its effort to assess the emotional bonding between the two children, posed several neutral questions to understand the nature of their interaction. From her answers, it appeared that over the years, the siblings have grown accustomed to living separately, largely as a consequence of the physical separation between the parents and the existing custodial arrangement. There was Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 4 of 13 no indication of animosity between them, but the regularity of contact and shared experiences has diminished, which in turn has affected the natural sibling closeness that might otherwise be expected. CONTENTIONS OF THE APPELLANT

10. Learned counsel for the Appellant has made the following submissions:

10.1. That the Family Court failed to appreciate the deposition of the Appellant and the cross-examination of the Respondent. It was contended that the minor son, Yohan, was only 3 years old when the interim arrangement placing him with the father came into effect, and has thereby been deprived of maternal care and the company of his sister for most of his formative years. It was submitted that the absence of the mother’s affection and influence at such a tender age has caused emotional deprivation, and that restoration of custody to the mother would best serve the welfare and psychological development of the child.

10.2. That the statement of Yohan recorded before the Family Court on 05.08.2023 demonstrates that the child is not averse to his mother and, in fact, expressed that he likes her and is comfortable in her company. It was argued that the child’s simultaneous expression of willingness to remain with his father ought not to be given determinative weight, since he was of tender age and, therefore, susceptible to the influence of the father, with whom he has continuously resided. It was urged that the child’s preference must be Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 5 of 13 assessed in light of the surrounding circumstances and not treated as conclusive of his welfare.

10.3. That the Appellant-mother has at all times displayed deep concern for both children and has taken steps to maintain their welfare, even within the limited visitation rights granted to her. It was further submitted that the Respondent-father has exhibited conduct and temperament unfit for a parent, referring to his alleged habit of consuming alcohol and becoming aggressive, particularly towards the daughter, Devangana. It was argued that such behaviour reveals an orthodox and discriminatory mindset within the Respondent’s household, where the female child has been subjected to harsh treatment, while the male child is favoured, a pattern that, if allowed to continue, may adversely affect Yohan’s moral and social development.

10.4. Learned counsel also referred to certain observations of the Family Court itself in paragraphs 38 and 39 of the Impugned Judgment, where the Court found that the allegations of extra-marital relationship levelled by the Respondent against the Appellant with one Karan Bagga were false and unsubstantiated. It was urged that these false imputations are reflective of the Respondent’s character and his lack of ethical and moral values, thereby rendering him unfit to be the custodial parent.

10.5. That the Respondent had, during his cross-examination, admitted to consuming alcohol, albeit denying daily use. It was submitted that his inconsistent statements, coupled with the existence Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 6 of 13 of FIR No. 295/2018 dated 13.10.2018 under Section 188 of the Indian Penal Code, 1860, registered for non-compliance of lawful orders, demonstrate his disregard for authority and his volatile temperament.

10.6. That the Appellant, being a financially independent and educated woman employed with HDFC Bank, is capable of providing the child with a stable, nurturing, and disciplined environment. She resides in the same residential complex as the Respondent, along with her daughter and parents, which ensures continuity and convenience in schooling and social life. The Appellant thus seeks that the permanent custody of Yohan be entrusted to her, submitting that the welfare of the child would be better secured under her care and in the company of his sister, with whom he shares a natural and irreplaceable bond. CONTENTIONS OF THE RESPONDENT

11. Per contra, learned counsel for the Respondent has made the following submissions:

11.1. That the Family Court, after a thorough and holistic appreciation of the evidence and upon interacting with both children, had rightly concluded that the welfare of the minor son would be best served in the custody of the father. The impugned arrangement, it was urged, strikes a careful balance, ensuring stability and emotional security for both children while preserving contact with both parents.

11.2. That the minor son, Yohan has been residing continuously with his father and paternal grandmother since 2018 and has developed a Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 MAT.APP.(F.C.) 35/2024 Page 7 of 13 deep emotional attachment and sense of belonging in that household. The child’s comfort, education, and well-being have remained stable under the father’s care, and the home environment is affectionate and nurturing. The grandparents, in particular, have devoted substantial time and attention to both children since birth, and the same is reciprocated by the children. Any interference with this settled environment, it was urged, would cause unnecessary psychological distress and dislocation in the life of the child.

11.3. That both parents are working professionals, but unlike the Appellant, the Respondent’s work schedule allows him to ensure that the child’s day-to-day needs are adequately attended to with the assistance of the paternal grandparents. The Appellant, on the other hand, is frequently occupied with official assignments and travel, leaving little time for hands-on parenting. It was further alleged that the Appellant has, in the past, voluntarily left the children in the care of the Respondent and his family and has demonstrated a pattern of indifference to their daily upbringing, resurfacing in litigation only intermittently.

11.4. The Respondent’s counsel also relied on various precedents emphasizing that the welfare of the child the paramount consideration in custody matters and that a court must consider all facets of the child’s well-being, emotional, educational, physical, and moral. Reliance was placed on Mausami Moitra Ganguli v. Jayant Ganguli1, Rosy Jacob v. Jacob A. Chakramakkal2, and Sonia Sahaye