Psychological And Bodily Properly-Being Of Youngster Has to Be Seen: Excessive Courtroom Grants Custody To Mom
The Punjab and Haryana HC on Thursday ruled that what is to be seen is the mental and physical well-being of the child. The mother is an employee of the CRPF and as such has the financial capability to get the best possible treatment for the minor child.
The bench of Justice Jasjit Singh Bedi was dealing with the petition filed directing to release the detenue, (son of the petitioner) from the detention of the mother of detenue) immediately on the ground of a medical emergency.
In this case, the marriage between the petitioner (husband) and respondent No.5 (wife) was solemnized. Due to the temperamental differences between the petitioner and respondent No.5, both started living separately.
The petitioner being the natural father was desirous of getting the minor child treated at PGIMER, Chandigarh or some other specialized hospital in Chandigarh or Mohali in order to get proper and effective treatment for the minor child.
Counsel for the petitioner submitted that he only wants the welfare of the child to be taken care off and their minor son Aarybh Kumar, who is presently in the custody of respondent No.5-mother is not being given appropriate treatment.
Counsel for the respondent submitted that child is being properly taken care of by the mother and by no stretch of imagination can it be said that the father would be in a better position to look after the child, keeping in view the social and financial status of the answering mother, who is an employee of the CRPF.
The issue for consideration before the bench was:
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Whether the detenue should be released from the detention of the mother on the ground of a medical emergency?
High Court observed that the conduct of the petitioner himself does not entitle him to the grant of any relief. He has quite apparently not disclosed in the petition that he had already availed his alternative remedy in accordance with the law.
The bench opined that “What is to be seen is the mental and physical well-being of the child. The mother is an employee of the CRPF and as such has the financial capability to get the best possible treatment for the minor child, which is being availed off by her from PGIMER, Chandigarh. She has the necessary resources to meet the daily needs of both their children. Even otherwise, the child is of the age of almost 05 years and at this age, the presence of the mother in his life is of primary importance unless it can be shown that for certain reasons, the mother is unable to take care of the daily needs of the child.”
In view of the above, the High Court dismissed the appeal.
Case Title: Ashwani Kumar v. State Of Punjab & Others
Bench: Justice Jasjit Singh Bedi
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