In a significant ruling on child custody disputes, the Delhi High Court on Tuesday dismissed an appeal filed by Gautam Mehra challenging the Family Court’s order granting interim custody of the couple’s two minor children to their mother, Sonia Mehra. The Court upheld that the welfare of the children remains the paramount consideration, above parental claims, financial strength, or accusations exchanged between the estranged spouses.
The couple, married in 2009, has two children—Prisha (born 2010) and Krishiv (born 2016). After marital discord emerged in 2023, multiple custody-related petitions and allegations followed. The father had moved out of the matrimonial home with the children to Gurugram, a move the Court termed unilateral and perceived as an attempt to create a fait accompli in ongoing litigation.
The High Court noted that the Family Court had interacted with both children and carefully assessed their emotional comfort, stability, and needs before restoring custody to the mother. It reiterated that a brief period of unilateral custody cannot eclipse the mother’s long-standing primary caregiving role. The Court found no credible evidence supporting the father’s allegations relating to the mother’s conduct or claims of parental alienation.
Importantly, the Court placed substantial weight on the preference expressed by the elder daughter, who had voluntarily chosen to live with her mother and had communicated her reasons in multiple in-chamber interactions. The Court remarked that she appeared mature, articulate, and emotionally clear about her choice.
The bench also took adverse note of the father’s action of taking the children abroad to Dubai in March 2024 without court permission, despite specific visitation orders in favour of the mother. This, the Court held, was prima facie contumacious and undermined the father’s claim of responsible parenting.
While acknowledging that the siblings are currently living separately—daughter with the mother and son with the father—the Court stated that such separation is not ideal, and directed the Family Court to consider ways to gradually harmonise their living arrangements to preserve their natural bond.
Dismissing the appeal, the High Court continued the existing interim visitation arrangements for eight more weeks and allowed both parties to approach the Family Court for any further modifications, with directions to ensure continuity in the children’s education and emotional well-being.
Gautam Mehra v. Sonia Mehra, decided on 18-11-2025