Gujarat High Court grants custody of minor son to mother as 'interim measure'

Adopting a humane approach in deciding a case related to the custody of a minor child, the Gujarat High Court has handed over the custody to the mother, as an interim measure, just to ascertain how the child reacts to the same. The same was was done after taking a consent from the father, who is having the child's custody as per a trial court order, against which the mother has moved high court.

The high court decided the same after having a through interaction with the child as well as his father and mother. The single judge bench clarified that the final decision on the custody of the child will be taken during the subsequent hearings.

In its order, the court said: "This court had an occasion to interact with the father, mother, and the child. This court also had the benefit of observing the demeanour of all of them. Considering the totality, it transpires that before the final call regarding the custody of the minor child is taken, the custody of the minor child, by an interim measure, maybe once, needs to be given to the mother".

While the husband opposed the same, he eventually agreed to hand over the custody as per the court's order. The court clarified to the husband that the decision to hand over the custody of the minor son to the mother as an interim measure is without any prejudice to his rights and contentions.

As per the case details, a Rajpipala court had granted the custody of the child to the father under the Guardians and Wards Act. The lower court's order was challenged by the mother before the high court, which is going to decide on the custody of the minor child. The next hearing of the matter is scheduled on December 20.