Allahabad HC: Financial elements alone can’t determine baby’s custody | Allahabad Information
PRAYAGRAJ: The Allahabad Supreme Court has determined that custody of a child has been transferred to its mother. “A child’s well-being does not only depend on material resources, it requires much more verbal and intellectual guidance in addition to moral training.”
The court further ruled that “every child has the right to be in the care and company of both parents, who together are a children’s world. In cases of estranged couples fighting for custody of their child, another parent must be given visiting rights so that the child can meet the other parent. ”
Judge JJ Munir allowed a habeas corpus motion filed by a meenakshi seeking custody of her four-year-old boy who she said was forcibly taken away from her estranged husband, Ram Narayan, not only on monetary factors. Rather, factors such as intellectual leadership and moral training by parents, which are important aspects of child care, must also be considered when deciding on custody. ”
While the court ordered Ram Narayan to give Meenakshi custody of the child, it instructed her to allow Ram Narayan to see his son every second and fourth Sunday of the month.
According to the petitioner, she and Ram Narayan tied the knot on April 20, 2014, and a boy was born on September 20, 2016. Because her husband tortured her for dowry, she and her son returned to her mother’s home in June 2018.
The petitioner alleged that her husband forcibly removed the child from custody on 6 April 2019. As a result, she submitted the present petition claiming she was entitled to obtain custody of her son.
On the other hand, the child’s father claimed he was a farmer and earned around 1.5 rupees a year, but his wife had no personal source of income and was fully dependent on the income from her ancestral agricultural land.
After hearing the victims, the court stated: “The mother is an educated woman and a postgraduate in education. She is far better educated than the father. The child’s well-being does not only depend on material resources. It takes a lot more. Literal and then intellectual leadership, along with moral training, are important facets of child care. This court states that all of this is more secure with the mother than with the father. ”
The court issued this judgment on December 2nd and it became known on December 11th.