Delhi High Court Upholds Family Court's Decision on Custody of Mehra Children

Welfare of Children Takes Precedence in Custody Battle Between Gautam and Sonia Mehra

In a significant ruling, the Delhi High Court has upheld the Family Court's decision to grant interim custody of Gautam and Sonia Mehra's two minor children to the mother, Sonia Mehra, emphasizing the paramount consideration of the welfare of the children over financial stability or unilateral custody arrangements. The Division Bench consisting of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar delivered the judgment on November 18, 2025, dismissing Gautam Mehra's appeal against the Family Court's order dated August 7, 2024.

The dispute over the custody of Prisha Mehra, aged 15, and Krishiv Mehra, aged 9, arose following marital discord between the parties, leading to Gautam Mehra's petition for divorce and subsequent custody applications. The Family Court had initially directed that custody be handed over to Sonia Mehra, taking into account the emotional security, maternal care, and psychological stability required by the children.

The Delhi High Court, in its comprehensive judgment, noted that the welfare of the minor children is the overriding consideration in custody disputes, as outlined in the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956. The Court emphasized that the emotional and psychological stability of the children takes precedence over the financial affluence of either parent.

The judgment highlighted the intelligent preference of Prisha to reside with her mother, which was found to be mature and voluntary. It was noted that the Family Court had interacted with both children to ascertain their wishes, and Prisha expressed a genuine preference to live with her mother, aligning with the welfare principle consistently applied by the Court.

Gautam Mehra's appeal challenged the Family Court's decision, arguing that the welfare test was not properly applied and asserting his role as the primary caregiver since 2023. However, the High Court found that the unilateral relocation of the children to Gurugram by Gautam Mehra could not eclipse Sonia Mehra's longstanding role as the primary caregiver.

The Court dismissed allegations of Sonia Mehra's extra-marital relationships as unsubstantiated and irrelevant to the children's welfare. It also rejected claims of parental alienation, noting that Prisha's preference to live with her mother was genuine and uninfluenced.

The Delhi High Court's ruling reiterates the principle that the welfare of children in custody cases transcends the legal rights of parents, and custody decisions must be made in the best interest of the child. The judgment underscores the importance of maternal care and emotional security, particularly for children at formative ages.

The interim custody arrangement will continue for eight weeks, during which the parties may seek further directions from the Family Court regarding any modifications necessary for the welfare of the children. The Family Court has been directed to monitor the children's adjustment and ensure the preservation of sibling bonds.

Bottom Line:

Custody of minor children - Welfare of children is the paramount consideration in deciding custody disputes - Emotional security, maternal care, and overall development prioritized over financial affluence or unilateral arrangements by either parent.

Statutory provision(s): Guardians and Wards Act, 1890 Sections 17, Hindu Minority and Guardianship Act, 1956 Sections 13, Family Courts Act, 1984 Section 19

Gautam Mehra v. Sonia Mehra, (Delhi)(DB) : Law Finder Doc Id # 2809836