The Allahabad High Court has ruled that every child has the right to be in the care and company of both parents, who together are a children’s world.
The court also said that in cases of estranged couples fighting for custody of their child, if one parent is granted custody, another parent should be given visiting rights so that the child can meet their other parent.
The court also ruled that issues related to child custody can be decided not only on the basis of monetary factors, but that factors such as intellectual leadership and moral training by parents, which are important aspects of caring for a child, should also be used in the decision One must consider issue of child custody.
Judge JJ Munir allowed a woman to petition in writing to seek custody of her four year old son who was allegedly forcibly removed from her husband.
According to the petitioner, she and her husband were married on April 20, 2014 and the boy was born on September 20, 2016.
Because her husband tortured her for dowry, she and her son returned to her mother’s home in June 2018.
The petitioner alleged that her husband forcibly removed the child from custody on 6 April 2019. Therefore, she was entitled to receive custody of her son.
The father’s claim was that he was a farmer earning around 1.5 lakh a year, but the petitioner had no personal source of income and was entirely dependent on the income from her ancestral agricultural land.
After hearing the parties concerned, the court found: “The mother is an educated woman and a postgraduate in education. She is far better educated than the father. The child’s well-being does not only depend on material resources. It takes a lot more. Literal and then intellectual leadership, along with moral training, are important facets of child care. This court states that all of this is more secure with the mother than with the father. “
The court ordered the father to transfer custody of the child to the mother. The court also instructed the mother to allow the father to see his son every second and fourth Sunday of the month.
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