Mother can’t be denied child’s custody if she doesn’t fit mould: Chhattisgarh HC

It said a certificate by society’s few members with an “ostrich mindset” should not be allowed to decide a woman’s character

RAIPUR : The Chhattisgarh high court has said a woman cannot be denied her child’s custody if she does not fit the mould. A division bench of Justices Goutam Bhaduri and Sanjay S Agarwal made the observation on March 28 while setting aside a family court’s order granting custody of a child to the father.

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The detailed order of the judgment was released on Wednesday. It said a certificate by society’s few members with an “ostrich mindset” should not be allowed to decide a woman’s character.

Sunil Sahu, the woman’s lawyer, said his client’s ex-husband moved Mahasamund district family court in 2014 seeking the custody of the child saying the woman was in the company of different men and travelled with them. He added the husband also cited her attire. Sahu said the man also said if the custody is granted to her, it will have an adverse impact on the child.

The couple married in 2007 and their child was born the same year. “They got divorced with mutual consent in 2013 following which the custody of the child was given to his mother The family court in 2016 handed over the custody to the father,” Sahu said.

The woman challenged the family court’s order, saying it was passed on the basis of presumption. The high court quashed the order. It rejected the evidence presented on behalf of the father and said If the woman is required to do a job and that too in the field for her livelihood, she would be required to move from one place to other. The high court added that only because she is required to rub shoulders with the public and men, there cannot be an inference that she has lost her chastity.

The high court cited statements that the woman is addicted to liquor, smokes, and wears jeans and added it is important to draw a line over character assassination.