Custody Battle: Upholding the Rights of the Minor Daughter

In a landmark ruling by the Supreme Court of India, the rights and well-being of the minor daughter have been reaffirmed in a custody battle between the parents. The Court’s decision, upholding the order granting custody to the father and visitation rights to the mother, sets a precedent for cases involving parental disputes over children’s custody. Learn more about the case and its implications on child welfare and family law.

Facts

The minor daughter, over 12 years old, is currently residing with the father and studying in Class VII.
Petitioner mother challenged the custody arrangement in a Matrimonial Appeal before the High Court.
Allegations of molestation by the father led to a guardianship petition filed by the father, citing the mother’s mental health as a concern.
Child expressed a desire to live with the father and denied allegations of abuse against him.
Counsellors were appointed to assess the child’s well-being and the mother’s mental state.
Family Court ordered custody shifts between mother and father with supervision and video call arrangements.
Mother’s non-compliance with court orders led to suspension of visitation rights.
Child expressed preference to live with the father due to better care provided.
The Court held that the child appeared happy with the father and maintained interim custody with him.
The High Court dismissed the mother’s appeal and upheld previous Family Court orders.
Further visitations for the mother were restricted to specific dates and times in a designated Childrens’ Room.
The Court reviewed video evidence provided by the mother but found no support for her allegations of sexual abuse by the father.
Reports from three Counsellors indicated the child’s strong desire to live with the father.
The High Court noted the child’s comfort with the father as per Counsellors’ reports.

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Analysis

The mother received love and affection from her father, who took care of her food, education, and assisted her in school projects and activities.
The Court emphasized the importance of considering the child’s ordinary comfort, contentment, intellectual, moral, and physical development, health, education, general maintenance, and favorable surroundings in exercising parens patriae jurisdiction.
The Court is not bound by statutes, strict rules of evidence, procedure, or precedent in making custody decisions.
The welfare and well-being of the child should be the paramount consideration in custody matters.
The Order passed by the Family Court granting custody of the minor daughter to the father and visitation rights to the mother was affirmed.
The findings in the present Order are prima facie in nature, as it was passed at an intermediate stage of the proceedings.

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