Citation: Debarati Bhunia Chakraborty v. Suman Sankar Bhunia, 2026 INSC 1043 (Civil Appeal Nos. 12774–12775 of 2026)
This judgment by the Supreme Court of India deals with a child custody and guardianship dispute where the mother challenged lower court orders that granted sole custody to the father and denied her permission to relocate with the children to the United Kingdom. The Supreme Court allowed the mother’s appeal, noting her stable financial standing as a primary caregiver and the fact that the father is facing pending criminal prosecution under the POCSO Act, making it in the best interest of the children to grant custody to the mother and permit their relocation to the UK.
The appellant-mother and respondent-father married in 2011, and their relationship deteriorated in 2018 when the mother left the matrimonial home while pregnant, leaving behind their older son and later giving birth to their daughter. Following her departure, a prolonged legal battle ensued across multiple courts regarding child custody, visitation rights, and the mother’s career-driven relocations within India.
Matters escalated when the older son disclosed incidents of sexual abuse during counselling at NIMHANS, leading to the registration of a criminal FIR against the father under the POCSO Act. Meanwhile, the mother secured a well-paying academic position in the United Kingdom and sought permission to relocate the children there, which lower courts initially denied while granting sole custody to the father.
The Supreme Court held that the lower courts were wrong to grant sole custody to the father and deny the mother’s request to relocate, given that the father faces pending criminal charges under the POCSO Act and has a significantly weaker financial standing compared to the mother. The Court emphasized that the children’s welfare and best interests are paramount, and noting the son’s severe reluctance to be with his father, it made absolute the stay against the lower courts’ rulings and permitted the mother to take the children to the United Kingdom for their schooling and upbringing.
