LI Network
Published on: 18 August 2023 at 14:36 IST
The Bombay High Court has emphasized that the well-being of a child encompasses not only physical health but also mental well-being, comfort, and overall social and moral development.
The court’s stance came as it upheld a family court’s decision to grant interim custody of a girl to her mother.
The court ruled that the welfare of the child is the utmost consideration when determining custody matters, with the child’s comfort being a vital aspect to be taken into account.
In an order issued on July 21 by Justice Sharmila Deshmukh, a single bench, a petition submitted by the woman’s husband challenging a February 2023 decision by the Bandra family court was dismissed.
The family court’s order mandated the father to hand over custody of their eight-year-old daughter to the estranged wife.
Explaining the notion of “welfare,” Justice Deshmukh’s order elucidated that the term encompasses the holistic development of the child, including physical and mental well-being, health, comfort, and overall social and moral progress. It emphasized that all components essential for a well-rounded upbringing contribute to the child’s welfare.
Justice Deshmukh highlighted that in custody matters, the paramount consideration is the child’s welfare. The court maintained that the comfort of the child is a crucial factor while assessing their well-being.
Considering the girl’s age of eight and her impending hormonal and physical changes, the court emphasized the importance of proper care during this transformative phase.
The bench stressed that the role of a qualified doctor and mother is indispensable in providing the necessary care and understanding for the girl’s development.
The court addressed the case where the couple married in 2010, and their daughter was born in 2015. Their separation in 2020 resulted from the husband’s allegations of the woman’s extra-marital affairs. Following the split, the daughter was residing with the father.
In response, the husband filed for divorce and sought permanent custody of the girl. The family court, in February 2023, granted interim custody to the mother while allowing visitation rights to the father.
The husband, in his High Court plea, emphasized his daughter’s attachment to his family and urged for consideration of her comfort, safety, and convenience. He also alleged that his estranged wife’s involvement in extramarital affairs might hinder the child’s well-being.
In contrast, the woman opposed the plea, noting that the girl resided with her during weekdays and spent weekends with her father.