Kolkata: The Calcutta High Court heard out a seven-year-old trapped in a bitter custody battle and allowed her to go with her father for a family wedding on "a three-day temporary custody". The child told the HC that she wanted to be with both her parents, prompting the HC to stress that "a balance needs to be struck between imparting education and her getting acquainted with close relatives".
The mother had opposed the temporary custody plea on the grounds that it would interfere with the child's education and that the father has criminal precedence. Both the child's parents are senior doctors. In his order, Justice Raja Basu Chowdhury said: "It would be relevant to note that both the parties are not only well-educated but are doctors. Notwithstanding the same, the relationship between the parties appears to be sour."
The HC held that the charge sheet in the criminal complaint against the father cannot interfere with his right to either seek visitation rights or to seek temporary custody, especially when the division bench of the high court, in an earlier occasion, had allowed the same. Justice Basu Chowdhury also took into account the child's wishes. Hence, he allowed the father to pick up the child on Friday at 5 pm and return her at 6 pm on Dec 16.
The father had approached Calcutta HC challenging the order passed by the Alipore additional district judge, which denied his application seeking temporary custody of his daughter for three days to attend a cousin's wedding.
Since 2021, the child has been living with her mother. The father used to visit the child at the mother's place. Things turned bad on Sep 6, 2022, when he took the child away, stating that he would drop her by evening but denied handing her over and took the child to his residence without informing the mother.
The mother filed an application under Act VIII of the Guardians and Wards Act, 1890 on Sep 5, 2022, since when the custody dispute matter is going on in the lower court. Earlier, the division bench of Calcutta High Court directed that the child should be with mother but gave access to the father by means of a guideline.
The father had earlier filed for temporary custody during Durga Puja in 2024. To strike a balance, the high court had given custody for two days. But it was directed that the child cannot be taken outside Kolkata.