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.
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.
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