Custody Battle and Guardianship Rights: Supreme Court’s Landmark Judgment in Aman Lohia vs. Kiran Lohia

The case of Aman Lohia vs. Kiran Lohia is a highly contested guardianship dispute involving parental rights, child welfare, and due process under family law. The Supreme Court intervened in the matter, ruling on the fairness of judicial procedures followed by the Family Court, as well as on the rights of the father and mother in the custody of their minor daughter.

Background of the Case

The legal battle between Aman Lohia and Kiran Lohia, a separated couple, revolved around the guardianship and custody of their minor daughter. The appellant (Aman Lohia) had originally filed a guardianship petition before the Family Court in 2018, seeking to be appointed as the legal guardian of the child. The respondent (Kiran Lohia), in turn, contested the petition and filed applications of her own.

The Family Court proceedings took a dramatic turn when Aman Lohia’s counsel withdrew from the case. The Family Court, assuming that Aman Lohia had abandoned the proceedings, proceeded to allow Kiran Lohia’s application, transposing her as the petitioner and granting her sole guardianship of the child. The decision, rendered on 21.09.2019, was challenged in the Supreme Court by Aman Lohia on the grounds of procedural unfairness.

Petitioner’s Arguments (Aman Lohia)

The Family Court violated due process by allowing Kiran Lohia’s transposition as the petitioner without issuing proper notice to Aman Lohia.
He was deprived of a fair opportunity to present his case, as the proceedings were conducted in undue haste.
The guardianship decision was not based on a proper inquiry into the welfare of the child, which is paramount in such cases.
The Family Court failed to ensure procedural compliance, including allowing the amendment applications he had filed prior to the final judgment.
He emphasized the importance of joint parenting and argued that a child should have the right to the affection and guidance of both parents.

Respondent’s Arguments (Kiran Lohia)

The appellant had abandoned the proceedings and shown a lack of interest in contesting the matter, which necessitated the Family Court’s decision.
Aman Lohia had acted against the welfare of the child, including incidents where he allegedly attempted to abduct the child.
The Family Court’s decision was justified based on the best interests of the child, and procedural lapses, if any, should not override the welfare of the minor.
The appellant had converted to Islam and had initiated proceedings in a foreign court, raising concerns about his intent regarding the child’s guardianship.
She assured the Supreme Court that she was willing to surrender the minor’s U.S. citizenship and passport, which she had obtained, to alleviate any concerns of international custody issues.

Supreme Court’s Observations and Ruling

1. Procedural Violations by the Family Court

The Supreme Court found that the Family Court had failed to follow due process and had rushed through the proceedings. It emphasized that:

Guardianship matters require detailed inquiry, adherence to legal procedures, and fair opportunity to both parents.
The Family Court acted hastily by transposing the respondent as the petitioner without serving proper notice to the appellant.
There was no record confirming that the appellant was duly served or given an opportunity to respond.
“The Family Court, in the present case, exceeded its jurisdiction by hastening the entire proceedings,” the judgment noted.

2. Importance of Parental Rights and Joint Custody

The Supreme Court underscored the significance of joint parenting, stating that the welfare of the child should be prioritized over parental disputes. The Court held that:

The mother’s custody alone should not automatically be considered in the best interest of the child, and both parents’ involvement must be evaluated.
Decisions regarding guardianship should not be made solely on the conduct of the parents towards each other but on their ability to care for the child.
The issue of whether the father should be completely denied guardianship must be determined only after a thorough inquiry.

3. Remand of the Case

The Supreme Court set aside the Family Court’s decision and directed that the case be remanded for fresh proceedings. The Court ruled:

The guardianship petition filed by Aman Lohia should be restored and heard afresh.
All applications filed by both parties, including Aman Lohia’s amendment applications, should be considered before any final determination.
The Family Court must adhere to due process, ensuring both parties are given full opportunity to present their case.

4. Restrictions on International Travel

Considering concerns about international child custody issues, the Supreme Court directed:

Kiran Lohia should surrender the child’s U.S. passport to the Court.
The minor child should not be taken outside Delhi or India without prior Court permission.

Final Judgment

The Supreme Court ruled that the Family Court’s order was legally unsustainable and must be set aside. The judgment emphasized:

Guardianship decisions should be made based on a fair and thorough inquiry, ensuring both parents’ rights and responsibilities are assessed.
“The conduct of the appellant in other proceedings cannot be the sole basis to determine his fitness as a guardian.”
The case must be heard afresh with adherence to legal procedures and principles of natural justice.

With this decision, the Supreme Court reinforced the importance of due process in family law disputes, while upholding the paramount interest of the child in guardianship matters.

Petitioner Name: Aman Lohia.
Respondent Name: Kiran Lohia.
Judgment By: Justice A.M. Khanwilkar, Justice B.R. Gavai, Justice Krishna Murari.
Place Of Incident: New Delhi.
Judgment Date: 17-03-2021.

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