Mother Wins Custody Battle: Upholding Rights of Natural Guardians
The Allahabad High Court upheld a family court's decision granting custody of a four-year-old girl to her mother, emphasizing the mother's role as the natural guardian. Despite the father's objections, the court ruled in favor of the mother, citing the child's welfare as paramount.
- Country:
- India
In a significant ruling, the Allahabad High Court has confirmed that a mother remains the natural guardian of a child under five, typically granting her custody rights. The decision was announced by a bench featuring Justice Ashwani Kumar Mishra and Justice Donadi Ramesh.
The case followed a plea by Amit Dhama, who challenged a family court's ruling that had awarded custody of his four-year-old daughter to his estranged wife. Despite the father's long-term care of the child, the High Court emphasized the importance of the mother's role in meeting the child's various needs.
The High Court also noted that no allegations of harm to the child by the mother had been raised. Balancing the interests of both parties and the child's welfare, the court upheld the family court's custody decision but granted visitation rights to both parents.
(With inputs from agencies.)