Allahabad HC Minor Custody: The Allahabad High Court has ruled that mothers are best placed to look after very young children.
In a petition by Preeti, who sought custody of her underage child from her husband, argued that she was forbidden to meet her three year old son and that the minor was under the “unlawful” custody of her husband / in law. On Monday, Allahabad HC heard the case of parents arguing over custody and decided in favor of the mother that the welfare of a child should be better secured in the mother’s hands. Bar and Bench reported.
Allahabad HC custody of minors:
The well-being of the children is better guaranteed
in the hands of the mother as the father: The Allahabad High Court grants custody of minors to Motherhttps: //t.co/OWuwsqJUk3
– Bar & Bench (@barandbench) February 22, 2021
The court’s decision was based on the fact that although the father is considered the natural guardian, custody of a minor under five should normally be with the mother.
During the decision for the mother, the Court stated: “It is the wisdom of generations that the welfare of a young child is better assured in the hands of the mother than of the father or anyone else. Consistent with this transcendent experience of mankind, the reservation on section 6 (a) is the [Hindu Minority and Guardianship] from 1956, the mother reserves the right to custody of the child until the age of five, ”reported Live Law.
The mother, a working woman, further claimed that her husband left his job in 2017 and that financial responsibility for running the household rests on her shoulders. She also alleged that she was molested, ill-treated, and mistreated during the time they were together.
“There is a strong suspicion that a child’s well-being can be better secured in the hands of the mother, which can only be eliminated through conclusive and blatant evidence of the mother’s ineptitude to fulfill her maternal obligations,” the court found.
The court reached the conclusion after determining that the boy was too young to choose a parent he would like to be with