DAUGHTER NEEDS MOTHER FOR COMFORTABILITY & SHARING: PUNJAB AND HARYANA HIGH COURT HOLDS CUSTODY WITH MOTHER
It was observed by the Punjab and Haryana High Court that the mother is the best person to take care of her daughter in her growing age. Because a daughter can’tFamily discuss everything with her father.
The Appellant/father of a 13-year-old daughter challenged the judgment of Gurugram Court in which the court allowed her wife to take up the custody of the daughter. Hence, the appellant (father) has filed the instant appeal u/s 19(1) of the Family Court Act, 1984.
In the appeal, the father stated that being the father and natural guardian has every right to claim the custody of his daughter.
The court observed that the father is presumed is the well-suited person to look after the welfare of the child (who is 5-year-old or above). He is normally the working member and head of the family.
However, the court has to look forward to the welfare of the child while determining the question of custody of a child. In other words, we can say that situations defer from case to case.
On major highlights, the court opined that we cannot doubt the role of a mother in a child’s development and personality. The court makes a statement that the mother shapes a child’s world from the cradle by rocking, nurturing, and instructing her child.
Lastly, it was concluded that there is no harm in giving custody to the father. But when the court examines that the mother is well suited for the custody of a child majorly a daughter, and then the court opts for the mother’s custody. A father is can visit his daughter as per the court’s order.
The present observation comes from the case of Rajat Agarwal vs. Sonal Agarwal. In which the court preferred the mother for the 13-year-old daughter’s custody. “Mother is a priceless gift, a real treasure, and an earnest heartfelt power for a child”.
Read more blogs @advocatetanwar.com