Stating that space crunch at the home of the mother is no grounds for denying interim custody of minor children to her, a Delhi court has directed a man to hand over the custody of their two minor children to his estranged wife.
In his revision petition challenging a Metropolitan Magistrate court order to hand over the custody of the children to the mother, the man had argued that there was acute space crunch at his father-in-law’s home and so the custody of the children should not be handed over to his wife.
He further argued that the trial court also did not appreciate that he had taken care of the children by taking leave from his office for two months.
Further, his mother and sister-in-law were taking care of the children in his absence, and he had also got both the children admitted to a school.
Petition dismissed
However, special judge Vrinda Kumari dismissed his arguments. “The two minor children are of tender age and their interests would be best protected if they are looked after by their mother. Space crunch at the house of the father of the respondent aggrieved [the mother] is no grounds for denying the interim custody of the minor children to the mother,” the judge said, while dismissing the revision petition.
“The trial court has taken reasonable view in the best interest of the minor kids. The Metropolitan Magistrate personally met the children to assess the situation and reached the conclusion that the custody of the minor children should go to the respondent aggrieved,” the judge further said. “The revision petition is silent on some of the very vital issues, such as the five-year-old minor son not being sent to school for almost two months. The revision petition is also silent on the observation of the trial court that the name of the minor son was struck off the rolls of the school because of his absence for almost two months,” the judge stated.
The woman had got the custody of the kids after she filed a complaint in the court under the domestic violence law.