Mother's Plea for Custody Denied; Granted Exclusive Visitation Rights
In a significant judgment, the Gujarat High Court has upheld the custody of a minor child with the father, emphasizing the paramount importance of the child's welfare. The bench, comprising Justices Sangeeta K. Vishen and Nisha M. Thakore, delivered the verdict in the case of Neha v. Dharmesh Haribhai Patel, dismissing the mother's appeal for permanent custody.
The case revolved around the custody of a minor child below five years, following a customary divorce between the parents. The mother, Neha, challenged the custody arrangement, claiming coercion in the execution of the divorce deed, which granted permanent custody to the father, Dharmesh Haribhai Patel.
The court ruled that the welfare of the child, Darsh, was paramount and found that the father was providing a suitable environment for the child's emotional, educational, and physical well-being. Despite the mother's higher income and larger residence, the court deemed these factors insufficient to overturn the custody decision.
The judgment highlighted that the mother had not provided evidence of coercion or legally challenged the divorce deed. The court also noted that the child had developed a strong emotional bond with the father, who was actively ensuring the child's well-being.
While denying the mother's plea for custody, the court granted her exclusive visitation rights to meet the child on the 1st and 3rd Sundays of each month and allowed weekly communication through video/audio calls. The decision underscores the court's focus on balancing parental rights while prioritizing the child's welfare.
The judgment reflects the court's careful consideration of the child's best interests, setting a precedent for custody matters where the welfare of the child takes precedence over other considerations.
Bottom Line:
Custody of minor child - Welfare of the child is paramount; conscious decision by the mother to hand over custody to the father in a divorce deed cannot be challenged later without appropriate legal challenge to the deed.
Statutory provision(s): Hindu Minority and Guardianship Act, 1956 Section 6, Indian Contract Act, 1872 Section 23, Guardians And Wards Act, 1890 Section 25
Neha v. Dharmesh Haribhai Patel, (Gujarat)(DB) : Law Finder Doc Id # 2837451
