The father, a management graduate from IIM-Indore, works in a software company had filed habeas corpus petition, as the maternal family of his wife not giving him the custody of the child.
The Bombay High Court has directed the maternal family of a deceased woman to hand over custody of a 17-month-old child to his father, who is a natural guardian of the child but could not attend to her for months, as he was unwell.
A division bench of Justice Indrajit Mahanty and Justice Sarang V Kotwal said: "We are of the considered view that the father of the child is the natural guardian under section 6 of the Hindu Minority and Guardianship Act. He is the surviving parent of the child. She definitely needs love, care and affection of the father. It cannot be said the welfare of the child will be seriously compromised if the custody is handed over to the father."
The father, a management graduate from IIM-Indore, works in a software company had filed habeas corpus petition (produce the missing person before court), as the maternal family of his wife not giving him the custody of the child.
Advocate Subhash Jha argued that maternal family has no authority to retain custody of the child, it amounts to illegal detention. Opposing the petition, advocate Falvia Agnes, appearing for the family members, relying on several judgments of High court and Supreme Court argued that the question of the welfare of the child is of paramount consideration and must supersede the legal rights of the parties.
The custody of the child was handed over to the family by the ailing mother (who died of breast cancer); she had expressed her wish to the family members to take care of the child. The child attached to these family members and handing over her custody to father would affect her adversely.
The bench after going through citations said "It cannot be said that the welfare of the child will be seriously compromised if custody is given to the father. He is a highly educated man and is gainfully employed. There is no reason to deprive him from having custody of the child." The court though granted access rights to two family members of the wife to meet the child one day every week at the father's house.
BACKGROUND STORY
The custody of the child was handed over to the family by the ailing mother (who died of breast cancer); she had expressed her wish to the family members to take care of the child. The child attached to these family members and handing over her custody to father would affect her adversely
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