BENGALURU: The
Karnataka high court turned down a father’s request seeking custody of his five-year-old daughter as his elder son was with the mother. It observed that children are not “pieces of property that can be shared between parties”.
Justice Raghvendra S Chauhan made the observation while dismissing the petition filed by Gaurav Rajendra Mittal, a city resident. The court noted that the foremost duty of the court is to protect the child from any psychological scar that may occur due to anxieties created by parents while they battle out their differences.
“Needless to say, the child needs love and affection of the mother more than that of the
father. Considering that even the 12-year-old son is with the mother, the girl would also benefit from the company of the elder sibling,” the court said.
Justice Chauhan said it would be in the interest of the child to permit to reunite and live with the mother and elder brother till the case is decided by the family court. The
high court also directed the court to decide the case before August 31, as it has been going on for more than two years.
He observed that in today’s world, children are highly sensitive, although they may not be able to articulate their feelings. “But, they suffer silently while parents battle out their differences in court,” he added
Mittal had challenged the November 2, 2017, order of a city family court granting interim custody of the girl to her mother Sakshi.
Gaurav alleged that Sakshi had abruptly left her matrimonial home on May 25, 2016 and took both children with her to New Delhi. Subsequently, she filed a petition under Guardian and Wards Act. During the pendency of the petition, Gaurav gave an undertaking that since the children were with the mother, he would not take custody of the children till a proper order was passed by the family court.
According to him, Sakshi later voluntarily gave up custody of the children. However, Sakshi contended that the children were handed over for a limited period as a tragedy had occurred in her family.
