PRAYAGRAJ: Directing that custody of a child be given to his mother, the Allahabad high court has observed that “welfare of a child is not dependent on material resources alone as it requires a lot more like literal and intellectual guidance besides moral training.”
The court further held that “every child has the right to be in care and company of both parents, who together are a child’s world. In cases of estranged couples fighting for custody of their child, if one parent is given custody then another parent must be given ‘visitation rights’ so that the child can meet his other parent.”
Allowing a habeas corpus writ petition filed by one Meenakshi seeking custody of her four-year-old boy, who according to her was forcefully taken away by her estranged husband Ram Narayan, Justice JJ Munir held that “issues related to custody of a child can not only be decided on monetary factors. Rather, factors like intellectual guidance and moral training by parents, which are important facets of a child’s grooming, must also be considered while deciding the issue of child custody”.
While directing Ram Narayan to give the custody of the child to Meenakshi, the court directed her to allow Ram Narayan to meet his son on second and fourth Sundays of every month.
According to the petitioner, she and Ram Narayan had tied the knot on April 20, 2014, and on September 20, 2016, a boy was born. As her husband used to torture her for dowry, therefore, in June 2018, she returned to her mother’s home with her son.
The petitioner’s contention was that on April 6, 2019, her husband forcefully took away the child from her custody. Hence, she filed the present petition, claiming that she was entitled to get custody of her son.
On the other hand, the contention of the child’s father was that he is a farmer and earns around Rs 1.5 lakhs per annum but his wife had no personal source of income and is fully dependant on earnings from her ancestral agricultural land.
The court after hearing the concerned parties, observed, “The mother is an educated woman and a post-graduate in education. She is far better educated than the father. The welfare of the young child is not dependent on material resources alone. It requires a lot more. Literal and then intellectual guidance, besides moral training are important facets of a child’s grooming. This court finds that all these would be better secured with the mother than the father.”
The court gave this judgment on December 2 and it came to light on December 11.