RAIPUR: Setting aside a family court order, the Chhattisgarh High Court has granted custody of a minor child to the mother. A Division Bench of Justice Rajani Dubey and Justice Sachin Singh Rajput cited precedents emphasising that the child’s welfare is the paramount consideration in custody matters. “Considering the paramount interest of the child, we are of the opinion that it would be proper if the mother holds the custody of the child,” the Division Bench stated.
The Bench observed that the family court’s finding—granting custody to the father—was not sustainable. The High Court had earlier noted in its order dated December 4, 2023, that the interests of the child are best served by ensuring the presence of both parents in the child's upbringing, while also acknowledging the tender care of grandparents as part of Indian societal values.
The appeal was filed by a woman from Raigarh district of Chhattisgarh and her minor son, challenging the order dated May 11, 2022, passed by the Family Court, Raigarh, which had allowed the father's application for custody of the child.
The couple was married on May 6, 2011, and has a son born on December 30, 2013. Due to differences, the woman took her son to her maternal home on October 10, 2018, and they have been living separately from the father since then.
Subsequently, the father filed a petition for divorce, and the mother filed an application for maintenance. The family court directed the father to pay a monthly maintenance of Rs 3,000 and litigation expenses of Rs 5,000 to the mother and child, and later granted a divorce decree in the father's favour. Following this, the father filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of the child, which was allowed—leading to the present appeal.
The High Court, after hearing arguments from both sides and reviewing the evidence, allowed the appeal and set aside the family court's order. The Court also took into account the child’s preference, as conveyed during interactions with the amicus curiae and a mediator, where the child expressed that he was not mentally ready to live with his father.
The High Court ordered that the mother shall have custody of the child and granted visitation rights to the father, including video conferencing and in-person visits during holidays.
The Bench observed that the family court’s finding—granting custody to the father—was not sustainable. The High Court had earlier noted in its order dated December 4, 2023, that the interests of the child are best served by ensuring the presence of both parents in the child's upbringing, while also acknowledging the tender care of grandparents as part of Indian societal values.
The appeal was filed by a woman from Raigarh district of Chhattisgarh and her minor son, challenging the order dated May 11, 2022, passed by the Family Court, Raigarh, which had allowed the father's application for custody of the child.
The couple was married on May 6, 2011, and has a son born on December 30, 2013. Due to differences, the woman took her son to her maternal home on October 10, 2018, and they have been living separately from the father since then.
Subsequently, the father filed a petition for divorce, and the mother filed an application for maintenance. The family court directed the father to pay a monthly maintenance of Rs 3,000 and litigation expenses of Rs 5,000 to the mother and child, and later granted a divorce decree in the father's favour. Following this, the father filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of the child, which was allowed—leading to the present appeal.
The High Court, after hearing arguments from both sides and reviewing the evidence, allowed the appeal and set aside the family court's order. The Court also took into account the child’s preference, as conveyed during interactions with the amicus curiae and a mediator, where the child expressed that he was not mentally ready to live with his father.
The High Court ordered that the mother shall have custody of the child and granted visitation rights to the father, including video conferencing and in-person visits during holidays.
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