Custody Of Girl Child Would Be Better In The Hands Of Her Mother: Chhattisgarh HC Dismisses Father's Appeal
The Chhattisgarh High Court observed that it can be presumed that the custody of a girl child would be better in the hands of her mother for her overall development as she has to undergo certain biological changes with her.
The Court held that in child custody cases instead of hectic parley and backroom discussions the courts are required to consider, what is best for the child.
An Appeal was filed by the father of a minor child under Section 19(1) of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 arose out of an order passed by Family Court, Raipur where an Application was filed by the father for the custody of the minor girl was dismissed.
The Division Bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal held, “The narrative put forth by the father about the medical care is not fortified by the action of father except oral testimonies. If the father was really concerned with the welfare of the child by providing her medical treatment, then he should have brought such circumstances before the Court to evaluate his conduct instead the character of his wife was assassinated, therefore, it would be important to set a red line…. So in our considered opinion we do not find any circumstances justifying the custody of the child to be given to her father and we are in agreement with the finding recorded by the learned Family Court that the welfare of the child would be better in the hands of her mother.”
Advocate Tanmay Thomas appeared for the Appellant whereas Advocate P. Acharya appeared for the Respondents.
The father and the mother of the child had a matrimonial dispute. The father forcibly took custody of the child which led to a habeas corpus petition by the mother, subsequently, granted by the High Court. The father alleged that he was not allowed to meet the child and she was suffering from a kidney disease which the mother was unable to treat.
Consequently, The Court held “The facts and circumstances of the case show that the father stays at Dubai alone whereas the mother’s family consists of their father the entire family is situated in India. Therefore, as per Indian tradition and culture, it can be presumed that the custody of the child would be better in the hands of her mother for her overall development as being a girl child she has to undergo certain biological changes with her growing age.”
Accordingly, the Court dismissed the appeal.
Cause Title: Riyaz Mohammad v. Smt. Sofia Khan and Anr. (Neutral Citation: 2024:CGHC:4008-DB)
Appearances:
Appellant: Advocates Tanmay Thomas and Keshav Dewangan.
Respondents: Advocate P. Acharya
