SC awards kids's custody to IAS officer

A Jammu and Kashmir-based IAS officer has been granted the custody of his two sons by the Supreme Court with the judges noting that separating the two siblings, attached to each other, will not be proper for them.

A bench of justices D K Jain and A R Dave gave the IAS officer the custody of his children, modifying a Delhi High Court ruling which had held that the 15-year old son would be with the father in J&K, while the nine-year-old younger sibling will stay with the mother in Delhi.

"Upon speaking to the children personally, we also found that they are indeed very much attached to each other.

"Looking at the overall peculiar circumstances of the case, it is our view that the welfare of both the children would be best served if they remain together," the bench said.

"In our view, it would not be just and proper to separate both brothers, who are admittedly very close to each other. We are of the view that the children should be with the appellant father," added Justice Dave, who wrote the verdict.

The apex court also considered the fact that the mother was not in a position to take care of the educational needs of the elder son and the paternal grandfather of the child was also well-educated to assist the father in the upbringing of the children.

"We are sure that the appellant father, who is a member of Indian Administrative Service and is a well-groomed person, with the help of his father, who was also a professor, will be able to take very good care of the children.

"Their education would not be adversely affected even in Jammu and Kashmir as it would be possible for the father to get them educated in a good school in Jammu.

"Father of the appellant i.e. the grandfather of the children would also be in a position to look after the children and infuse good cultural values into them," it said.