Gujarat high court mom with infant son after custody battle

The Gujarat high court reunited a mother with her 13-month-old baby boy. Minal, 30, was a happy woman after the Gujarat high court handed her the custody of her young son. Minal was fighting a custody battle with her husband.

Minal was thrown out of her marital home by her husband after she gave birth to twin boys after seven years of marriage. Earlier, she was mistreated by her husband but he changed his behaviour after the birth of the boys.

Then one day she was thrown out of her marital home by her husband over some petty dispute. Her husband, however, refused to give her the baby. Minal approached the high court after she was denied custody of the baby by a lower court in Bardoli.

In his interim order, justice Akil Kureshi of the Gujarat high court said, “In all proceedings where minor children particularly of such a tender age are concerned, welfare of the child is of paramount consideration."

Kureshi said that no technicality or procedural law should prevent the court from ensuring the wellbeing and safety of the child.

The judge further said, “Under the Protection of Women From Domestic Violence Act, provisions have been made whereby, by way of interim order, custody of minor child can be handed over to the mother. Such powers may be exercised even ex-parte, if situation so warrants."

Ironically, the husband was ready to reunite with his wife but was reluctant to give her the child. Commenting on the attitude, the judge said, “The husband desires that his wife should return to her matrimonial home. At the same time, he stoutly and adamantly refuses to permit reunion of the mother and child. Both the concepts are self-contradictory." The court has kept further hearing on January 25.