Gujarat HC grants child’s custody to father citing better financial condition

Published on Aug 12, 2022 11:13 AM IST

The petitioner said his wife left home without any cause and prompted him to file a police complaint years after they got married under the Special Marriage Act in 2018

The matter was referred for mediation but the process was unsuccessful. (Getty Images/iStockphoto)
The matter was referred for mediation but the process was unsuccessful. (Getty Images/iStockphoto)

The Gujarat high court has granted a three-year-old child’s custody to his father after the latter filed a plea seeking whereabouts of his estranged wife and the inter-faith couple’s son. It said the child appeared more comfortable with the father, who earns reasonably well while the wife does not earn.

“...taking into account the welfare of the child and the paramount consideration of the child, in view of the facts and circumstances of the present case, the custody of the minor child is handed over to the father,” the court said and added the wife can seek proper visitation rights.

The petitioner said his wife left home without any cause and prompted him to file a police complaint years after they got married under the Special Marriage Act in 2018. He alleged his in-laws illegally detained her and their son.

The matter was referred for mediation but the process was unsuccessful as the wife informed the court she will does not want to live with her husband.

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