Father’s Petition for Custody Of Child Rejected
The Punjab and Haryana High Court upheld the mother’s custody of child who is a 10-year-old girl, rejecting the father’s claim that he should be the rightful guardian. The father argued that he was securing the child’s financial future, but the court ruled that financial security alone is not the most important factor at this stage of the child’s life.
Background of the Case
The mother and child had been living separately from the father since 2019. The Guardian Court had previously granted only visitation rights to the father. He challenged this decision, seeking full custody.
Court’s Observations
The court emphasized that child custody cases require a flexible approach. The judge stated that financial security is beneficial, but it does not shape a child’s personality at this age. The court noted that emotional and psychological factors carry more weight for children in this age group.
The court also ruled that creating a financial corpus gives the father peace of mind, but the child at this stage does not concern herself with such matters. Since the child is happily staying with the mother, the court found no reason to disturb the arrangement.
Visitation Rights and Family Bonding
The High Court reviewed the Guardian Court’s previous order and found certain aspects too harsh. It disagreed with the requirement that the parents should not interact during visitations to avoid conflicts. Instead, the court cited a Social Paediatrics report, which recommended extensive parenting time to strengthen family bonds.
To support the child’s emotional well-being, the court directed the parents to plan a family outing every four months, informing the Guardian Court in advance. The mother must also keep the father updated about the child’s medical needs so that both parents can handle any situation together.
Final Ruling
The court upheld the mother’s custody while ensuring that the father retains visitation rights. It emphasized that the child’s welfare remains the top priority, and custody decisions should adapt to the child’s needs rather than follow a rigid formula.
