Saurabh Malik
Tribune news service
Chandigarh, January 6th
The Punjab and Haryana High Court ruled that in custody matters the court must take into account the minor’s preference to stay with his or her parents or grandparents. The verdict came in a case where a minor wanted to stay with her grandparents. The mother claimed, however, that custody of a minor could no longer be claimed by anyone if the biological guardian, the mother, was still alive.
Wellbeing most important
A mother’s or father’s custody of a minor was not unconditional. The best interests of the child, rather than the legal right of a particular party, are of paramount importance in such matters. Punjab & Haryana High Court
Judge Sant Parkash claimed that the minor’s wellbeing was the most important consideration that should always be weighed with the court when ordering guardians. Although the mother, as the biological guardian of the minor child, had the prerogative of custody of her daughter, the most important criterion in court was the minor’s best interests and not the legal rights of a particular party.
Judge Sant Parkash added that the term guardian should be understood in its broadest sense. It had to be viewed not only in terms of money and physical well-being, but also had to include the moral and ethical well-being of the child. The concept of custody should also not be interpreted in the strict physical sense. It meant a sense of supervision and control over a child. The custody of the mother or the father was limited by the consideration of the minor’s well-being, which is decisive for the right to custody.
“In the case of custody of a minor child, the court is expected to find a fair balance between the requirements of the minor child’s welfare and the parents’ rights to the minor child. The court should also take into account the minor child’s preference to stay with either parent or grandparent.
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