‘Male little one can’t be separated from sister’: HC grants custody of minor siblings to mom

The Punjab and Haryana Supreme Court has given the mother custody of a male and a female child, but has stated that “the male child cannot be separated from his sister as the same thing would traumatize both of them.”

The Bank of Justice Sudhir Mittal said: “Children are innocence personified. For their ideal development, it is important that the time of innocence is cherished and protected. However, this remains a pipe dream in which parents meet. “

According to the case, the woman (petitioner) was married to the husband (respondent) on May 3, 2008. The marriage resulted in a male child on July 16, 2009 and a female child on March 13, 2017. The male child is currently around 11.5 years old and the girl is around 4 years old. In the meantime, her parents separated on February 16, 2019.

The petitioner stated in her complaint that she had been thrown out and was not allowed to take the children with her, while the husband said she had left the family.

After a court-appointed amicus curiae filed their report on August 14th last year to assess the children’s welfare, it emerged that the children missed their mother’s company. The Amicus Curiae report also mentions that the older male child is indoctrinated against his mother. Even so, he is very interested in meeting his mother and enjoys her company.

The petitioner’s attorney alleged that the girl was under 5 years of age and Section 6 (a) of the Hindu Minority and Guardianship Act of 1956 provides that custody of this child should normally be with the mother. The petitioner works as a teacher and lives with her parents who are extremely loving. In such an environment, the children would thrive while presenting the petitioner’s lawyer, accompanied by their father and paternal grandparents who are withering them.

However, the Respondent’s lawyer alleged that the petitioner alleged that she had no resources to sustain herself. Therefore, custody of the children cannot be transferred to her because she would not be able to support them.

The Bank of Justice Mittal, after hearing the allegations: “The fact that she (petitioner) worked as a teacher for 10 years suggests that she must have amassed some savings, at least for the upbringing of the children can be used on a preliminary basis. It is undisputed that she lives with her parents and that they have a house in the Mansa Devi Complex in Panchkula. The detailed account of the learned Amicus Curiae referred to in the earlier part of the judgment leads me to conclude that the best interests of children are in the care of their mother. “

The girl is under the age of 5 and, for the purposes of Section 6 (a) of the Minorities Act, her best interests would definitely be in the care of the mother. The male child cannot be separated from his sister as the same thing would traumatize both, Justice Mittal said.

The bank instructed that custody of the minor children should be transferred to the petitioner.

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