LI Network
Published on: 19 August 2023 at 17:23 IST
The Bombay High Court recently reaffirmed that the desires of a child cannot be the sole basis for awarding custody to one parent.
The decision came as the Court dismissed a petition from a father who contested the custody of his 8-year-old daughter granted to the mother. Justice Sharmila Deshmukh, delivering the ruling, highlighted that while the child’s wishes should be taken into account, they should not be the sole determinant of custody.
The Family Court’s decision was upheld as it had meticulously balanced the rights of both parents and prioritized the overall well-being of the child.
The case involved a father challenging a family court’s interim order granting custody of the daughter to her mother until the conclusion of their divorce proceedings.
The father argued that due to allegations of adultery against his wife, his daughter’s best interests would be served by residing with him.
He presented reasons such as the child’s attachment to extended family, proximity to school, and unfavorable atmosphere at the mother’s residence.
However, the Court found that the family court had considered the child’s welfare comprehensively and the child’s expressed preference was only one factor.
Justice Deshmukh interacted with the child and concluded that, at the age of 8, she might not fully comprehend her own welfare.
The Court noted that allegations of adultery were not definitively proven and the father couldn’t demonstrate that living with the mother would harm the child’s moral and ethical well-being.
The judge stated that children often complain to one parent about the other, which is a normal aspect of their behavior.
Furthermore, the judge highlighted that an 8-year-old girl undergoes significant physical and hormonal changes, necessitating understanding and care from a qualified woman like her mother. During this phase, the mother’s support is particularly vital for comprehending the child’s transformation.