HC grants child’s custody to mother termed ‘mentally ill’ by her husband

The woman had filed a plea seeking custody of her daughter from her husband and his family who reside in Pathankot

Chandigarh: The Punjab and Haryana high court has granted custody of a two-year-old girl to a mother termed “mentally ill” by her husband and in-laws.

The Punjab and Haryana high court has granted custody of a two-year-old girl to a mother termed “mentally ill” by her husband and in-laws.

The high court bench of justice Jasjit Singh Bedi said even if the mother was admitted to an institution for care and rehabilitation, a child under the age of three years should not to be separated from her during her stay there. The denial of custody to the woman would be detrimental to the mental health of not only the child but the mother as well, the court added.

The woman had filed a plea seeking custody of her daughter from her husband and his family who reside in Pathankot. Responding to the plea in the high court, the woman’s husband claimed that they stayed in Noida but came back during Covid-19 pandemic and subsequently seeing the mental condition of his wife, who he said was fond of “drinking alcohol and throwing parties”, he shifted to Pathankot with the child. He had also accused his wife of not giving proper attention and care to the child. She suffered from a “mental condition” even prior to the birth of the child, he had claimed before court and also produced prescriptions by doctors.

The court said that even if the documents produced by her in-laws to support their claims are genuine, the woman is not staying at any mental health establishment where she is receiving care or treatment. On the contrary, she is working with a multinational company. Hence, there can be no justifiable reason to deny her the custody.

“The bond between a mother and child is hard to replicate. Therefore, in the case of a mother, especially where the custody concerns a child less than 5 years old, she ought to be granted custody unless she is so mentally or physically incapacitated that handing over custody to her would be physically or mentally detrimental to the health of the child,” the court observed, adding that the question of the interest and welfare of a minor child has to be judged on the consideration of the acknowledged superiority of the mother’s love and affection for the children. “The lap of the mother is a natural cradle where the safety and welfare of the child can be assured and there is no substitute for the same. Maternal care and affection is therefore indispensable for the healthy growth of a child,” the court said, giving custody to the mother forthwith.