The Patna High Court recently upheld the grant of custody of a minor child to her father, emphasizing the importance of the child’s welfare.
A bench of Justice Harish Kumar and Justice Ashutosh Kumar was hearing a plea filed by the mother challenging a family court order that determined it was in the best interests of the 6-year-old girl child to remain with her father because her brother was already living with him.
The father was granted custody, while the mother was granted visitation rights once a month during school holidays and festivals.
“Children are not chattels or playthings for the parents. Absolute right of either of the parents over the life and destiny of children has yielded to welfare and balanced growth of children,” the bench noted.
The Court also stated that its decision is not final and will be subject to the child’s wishes in the future.
The husband had filed for divorce because he suspected the wife of infidelity and violence. During the divorce proceedings, the parties mutually agreed to divorce. They agreed that the husband would have custody of their son and the mother would have custody of their daughter, with visitation rights for both parents.
However, the wife remarried within seven days of the divorce, which concerned the girl’s father about the safety of the child in the mother’s custody.
Later, the girl expressed her dissatisfaction with her mother and stepfather, and expressed a desire to live with her brother at her father’s house. The minor girl also claimed that her stepfather touched her inappropriately and that her mother threatened her. A case was pending against the stepfather under the Protection of Children from Sexual Offences (POCSO) Act of 2012.
As a result, the family court granted custody of the daughter to her father in the best interests of the child and in light of the mother’s remarriage.
The Court observed that a girl child would be better raised by her mother under normal circumstances. However, even if the allegations are ultimately proven false, the girl would be better off staying at her father’s house because she would have the company of her brother, according to the report.
“She did not appear to be quite comfortable with the mother. This may be a temporary circumstance; nonetheless a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father,” the bench stated
