Mother or father’s right to the custody of their minor child no longer absolute: HC

The Punjab and Haryana high court said the child’s welfare is decisive in custody cases, and there is need to strike a “just and proper balance” between this requirement and parents’ rights over the minor child

The Punjab and Haryana high court has said the child’s welfare is decisive for the claim of custody, and court while taking the decision is expected to strike a “just and proper balance” between this requirement of welfare of the minor child and parents’ rights over the minor child.

The plea was from a Punjab woman, who was seeking her minor daughter’s custody from her estranged husband.

“The term custody should not be interpreted in its strict sense as physical custody. Custody means custody in the sense of supervision and control over the child. The mother’s or father’s right to the custody of their minor child is no longer absolute,” the bench of justice Sant Parkash said, dismissing plea from a mother, who had demanded custody of her five-year-old daughter.

The plea was from a Fazilka woman who had told court that she got married in 2014 and a daughter was born in December 2015. Later matrimonial dispute arose, and in September 2020, after she and her daughter were “abused”, she called her parents. When she was about to leave with her daughter, her estranged husband and his family members “snatched” the girl and assaulted her kin.

The state in its inquiry report had submitted that the minor was not snatched and that she was not living in a pathetic situation. She has deep-rooted love and affection for her father and grandparents, and was being looked after well, it was stated in the report. A lower court upon plea from the woman had ordered status quo on custody.

The high court observed that the most important consideration that must always weigh with the court while deciding custody is welfare of the minor. “..what would be for the welfare of the minor must necessarily depend upon the facts and circumstances of each particular case. Sentiments and welfare of the minor are supreme consideration which cannot be ignored,” it said dismissing the plea from the mother, on the basis of facts that had emerged in the case.