Keywords: Bombay High Court, Child custody, Adultery
The Bombay High Court, while dismissing a petition filed a father challenging his 8-year old daughter to her mother, has ruled that the wishes of a child cannot be the sole reason for granting custody to a particular parent.
The court deemed that the wishes of the child can be considered but cannot form the sole reason for the grant of custody. The Family Court has balanced the rights of both parties and ensured that directions are in consonance with the overall welfare of the child.
The father challenged an interim order passed by a family court in Bandra, Mumbai, which granted custody of the daughter to her mother until the divorce proceedings were concluded. He claimed that his daughter would be better off in his house due to allegations of adultery against his wife and the house being close to her school and extra-curricular activities. The court concluded that the family court had balanced the rights of both parties after considering the overall welfare of the child.
The court argued that the child was not mature enough to know where her welfare lay at the age of 8 years and the allegations of adultery against the mother had not been conclusively established. The court also emphasized that a complaint by the child against one parent to the other parent is normal conduct of children and cannot be elevated to restore the status quo ante. The child’s hormonal and physical changes at this stage require the care and attention of a qualified doctor, and the mother is preferred over the father.
Written by- Apoorva Chandra, College name – Aligarh Muslim University Centre, Malappuram, Semester- 3rd an intern under Legal Vidhiya
