HC: Child's welfare trumps dad's rights
MUMBAI, July 23 -- The Bombay high court on Monday struck down a 2023 family court order directing a woman from Bidar, Karnataka to hand over the custody of her 9-year-old son to her estranged husband. A single-judge bench of justice Shailesh P Brahme noted that under Muslim personal law, the father was entitled to custody after a child turned seven, but the court held that the boy's welfare was most important and he would not be able to thrive in an environment where his own father felt like a stranger.
The couple had gotten married in 2010, and had a child in 2015. However, by June 2020, the woman alleged that her husband was ill treating her and left him to live with her parents. A year later the husband approached the Nilanga district court for custody of his child, claiming that the wife was living with another man and neglecting her son's health and education. The woman refuted the claims and said that she had suffered dowry related harassment. She added that she was running a clothing business and independently providing for her child.
However, in December 2023, the district judge granted the child's custody to his father and gave the woman visitation rights. She then appealed at the Bombay high court in 2024, and was temporarily given custody of her son. The man was granted visitation rights.
When the woman refused to let the man to visit their son, citing illness and other reasons, the court initiated contempt proceedings against her. On May 30, the court finally met the minor, and saw that the boy did not want to live with his father.
The woman's advocate added that while the man had no fixed income, the woman ran a business of her own. The man's advocate replied that as per Muslim personal law, the father is the natural guardian of a child after he turns seven. He claimed that the documents concerning her income had several discrepancies. The court noted the Muslim personal law but cited earlier Supreme Court judgements and held that the minor would be more comfortable and safe with his mother....
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