Lady accused of killing husband, cannot be given kid’s custody: HC

  • The court found that there is a possibility that the mother might be convicted and that the adverse effects of the event, if it did occur, far outweigh the temporary benefits the minor would derive from the care and company of his mother would.

By JItendra Sarin, Prayagraj


The Allahabad Supreme Court has ruled that, taking into account the child’s well-being, a woman accused of killing her husband cannot obtain custody of her minor daughter unless she is acquitted in the case.

When Judge JJ Munir rejected the petition, he stated that if the mother were acquitted by the court concerned in the murder case, she would have the right to transfer the court for custody of her daughter, which would then be decided in accordance with the law . The court passed that order on Feb.26 in a habeas corpus petition filed by a woman in 2019.

In the plea, the woman, who lives in Mumbai, claimed that her husband went to his hometown in Jhansi on May 11, 2018, while she was staying behind. On May 13, 2018, she received a call from her husband’s maternal uncle alleging that an unknown person had killed her husband. However, when she reached Jhansi with her daughter, she was mistakenly involved in her husband’s murder case and was arrested while her daughter was being taken away by her husband’s maternal uncle. Since then, the child has been in his care.

The court stated: “This court believes that the possibility of conviction may be small or not so small, but the possibility exists. The existence of that possibility and the adverse effects of the event, if it should occur, would be far outweighed the temporary benefit the minor would derive from her mother’s care and company. “

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“This facet of the matter, the possibility that the mother could really be a conspirator in the murder of her husband, presupposes a personality who would not be of advantage to the minor if he were to cherish her about her moral values ​​- a very important aspect child welfare, on the other hand, if the mother is innocent and acquitted, the loss the minor would suffer due to the deprivation of care and custody of her mother cannot be redeemed, but it is still a reversal that must be accepted for the safer well-being of the minor, as opposed to a better contingent, which is fraught with risks, ”the bank observed.

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