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Home IN THE LAW HIGH COURT

READ ORDER | Child Custody Denied To Father As He Remarried & Mother Would Become Lonely: Karnataka High Court

Team VFMI by Team VFMI
January 3, 2022
in HIGH COURT, IMPACT ON CHILDREN, IN THE LAW, IN THE NEWS
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In its order dated December 21, 2021, the Karnataka High Court denied interim child custody order to the father since he had remarried and according to the court, the step mother would not be able to take care and show affection to children which biological mothers instinctively would.

The court was hearing a custody battle between a father and mother who had parted ways.

A single-judge bench comprising Justice Krishna S Dixit dismissed a petition challenging a family court order in Bengaluru and denied the father custody but accorded visitation rights. The judge said that an affidavit from the second wife that she would take care of the child would be of little solace to the biological mother.

Case:

The plea was filed by the father contending that he was in a better position to take care of the child from a financial perspective and provide him with the best upbringing, education and a complete family environment. The petitioner also contended that the mother had neglected her duties towards the minor child and the petitioner.

Karnataka High Court

With regards to the financial status of the father, the court noted,

His contention that he is financially well placed and educationally superior does not make much difference to the custody issue, when all necessities of the child are duly met by the respondent-mother.

Citing a judgement from TN. Muthuveerappa Chetty vs. T.R. Ponnuswami Chetty, the high court remarked,

It does not appear that, excepting the respondent’s wife, there is any female relation living with him competent to take proper care of the child. It would be hardly safe to presume that his wife, the child’s step-mother, would be willing to do so.

There is good reason for believing that the maternal relations have strong affection for the child.

Child’s “Wish” & Loneliness of Mother

From long and multiple interactions with the parties and the minor child, the Court concluded that the child was being groomed well by the respondent and the child too wished to continue in her custody.

The court also said that if the custody was given to the petitioner, the mother would end up all alone while the petitioner will live with the child and a wife.

Dismissed With Costs 

 

The Karnataka High Court dismissed the petition with Rs 50,000 costs which the petitioner (father) was directed pay to the respondent (wife) within a month, failing which the Court directed that the visitation rights granted by the Family Court would be suspended.

Before concluding, Justice Dixit also urged the courts dealing with the issues between the two parties to dispose of the petitions before them within a period of nine months and report compliance to the Registrar General of the High Court.

Mohammed Mushtaq G K Vs Ayesha-BanuDownload

ALSO READ –

READ ORDER | Karnataka High Court Upholds Shared Parenting Order By Family Court; Lays Down Guidelines For Non-Custodial Parents

Young Fathers Even Wept Before Me Since They Couldn’t See Their Children For Years | Former Supreme Court Judge Markandey Katju

READ ORDER | Delhi High Court Stays Family Court Order Granting Daily 2-Hour Visitation Right To Putative Father

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ALSO WATCH –

Interview With Father Who Lost His 4-Year-Old Son Whose Sole Custody Was Given To Mother By Court

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