Moral and ethical welfare of child must be considered while deciding custody cases: Chhattisgarh HC
The provisions of the special statutes which govern the rights of the parents or guardians may be taken into consideration, but there is nothing which can stand in the way of the Court exercising its parens patriae jurisdiction arising in such cases, the High Court further held.
The Chhattisgarh High Court recently held that the moral and ethical welfare of the child must also weigh with the Court as well as its physical well-being while deciding child custody cases.
"It is the ultimate welfare of the child which would be dominant matter for consideration of Court when the Court is confronted with the conflicting demands made by parents," the High Court further observed while adding that both demands are to be justified and cannot be decided on the legalistic basis.
The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor, a bench of Justices Goutam Bhaduri and Justice Radhakishan Agrawal held.
These observations were made by the Court while dealing with the appeal filed against the order passed by 2nd Additional Principal Judge, Family Court Raipur, Chhattisgarh whereby an application filed by the husband under Section 8 of the Guardians and Wards Act, 1890 for grant of guardianship of his daughter, namely, Nikita from the wife was dismissed.
The High Court held that in the instant case, averment of the husband that father is the natural guardian could not be given a preference and welfare of minor would be the paramount consideration.
Also, perusal of the evidence of the husband showed that he was not having proper income to maintain his daughter as also when he spent most of the time on duty, there was nobody at his home to take care of his daughter, court pointed out.
Court also relied on a very germane biological aspect of the matter concerning puberty, privacy and care which is needed by a girl child at age between 10 to 15 years.
At this juncture of life, the girl of 13 years of age needs special care and attention of the mother. There are certain biological changes, which a girl child undergoes during this age, which cannot be taken care of by the father, said the High Court while holding that it would be proper if the mother held the custody of the child.
Case Title: Devnath Ratre vs. Malti Ratre