Read Time: 04 minutes

Synopsis

The Bombay High Court has awarded custody of a child to the aunt after determining that the biological mother has significant psychological issues, while the biological father exhibits aggressive behaviour.

“Further, the biological mother, Respondent No.2 has deep psychological issues and this was noticed whilst passing of this Order in Court as there was a huge commotion caused by the Respondent No.2 which disturbed Court proceedings. The Respondent No.1 is very aggressive and has acted in defiance of orders of this Court by stating that he will forcefully take Gabriel from the custody of the Petitioner,” the court observed.

The petitioner's custody plea was heard by Justice RI Chagla, who argued that she is better suited to ensure the child's welfare.

She added that she was responsible for the child's care since their birth and the child was brought to her home after being discharged from the hospital.

The biological father had filed a complaint against the petitioner alleging that she had forcibly taken the child from his biological parents.

The high court, in its ruling, emphasized that the child's overall well-being, both physical and emotional, should be a primary concern for the court.

“The moral and ethical welfare of the child must also weigh with the Court as well as his / her physical well being. Though the provisions of the special statutes which govern the rights of the parents or guardians may be taken into conisderation, there is nothing which can stand in the way of a Court exercising its parens patriae jurisdiction,” the order reads.

The court in its order said that the judge had an interaction with the minor child in his chambers. During this interaction, it became evident that the child had a strong attachment to her aunt.

Consequently, the bench decided to appoint the aunt as the legal guardian of the child.

The high court granted the biological parents permission to make regular visits and take the child on outings, with the condition that the child must be returned to the aunt's residence on the same day.

Case title: ABC vs XYZ