Righteousness of parents irrelevant at interim stage in custody matter, says HC
It was reversing an order of a family court at Bandra, ordering a city businessman to handover custody of his four-year-old daughter to his estranged wife, a Pakistani national residing in the Netherlands.Updated: Apr 18, 2018 00:17 IST
The righteousness of either parent is irrelevant at interim stage of custody matters and what is relevant is what is best for child’s welfare, the Bombay high court said on Monday. It was reversing an order of a family court at Bandra, ordering a city businessman to handover custody of his four-year-old daughter to his estranged wife, a Pakistani national residing in the Netherlands.
“At this stage, the righteousness of either party is not of any relevance except to the extent as to what would better sub-serve the welfare of the child,” said justice Bharati Dangre.
On January 29, 2018, the family court had ordered the husband to return custody of the daughter to his estranged wife, primarily in view of her allegation that he had “kidnapped” the child and brought her back to India from the Netherlands “without documents”.
Justice Dangre said, “The child is not conversant with Dutch and would feel completely uprooted if transferred to the Netherlands.” The HC said the issue of the manner in which, “the child” was purportedly brought to India was of no significance. The couple had tied the knot according to Islamic rituals and have been registered under provisions of the Special Marriage Act, 1954.
First Published: Apr 18, 2018 00:16 IST