New Delhi: A court has granted interim custody to the mother of a five-year-old girl and a two-year-old boy until the case is finally settled. It said that financial means are not the only consideration and various factors such as the age of the children, gender, preferences and suitability of the parties must be considered to ensure their utmost welfare.
The bench of City Judge Sana Khan on August 5 observed that both the parties had almost equal claims over the children and the father's financial capacity was a compelling consideration as he was capable of providing the best education, healthcare and lifestyle to his children. It, however, pointed out that given her tender age, the odds were slightly more in favour of the mother.
“The court finds that depriving children of their mother's company during such crucial and formative years of their lives is detrimental to their overall development and well-being. There is no record to indicate that the plaintiff is unfit for custody of the children,” the judge said.
The court was hearing a petition filed by Parul Gaur seeking custody of her children under the Protection of Women from Domestic Violence Act. The court directed that the custody should be handed over within three weeks of the order.
The woman had applied for custody on the grounds that she was their mother and natural guardian, while the father opposed it, saying that he was a loving father who could provide them with the necessary comfort. While the man now lives in Dubai, the woman lives in Delhi.
Advocate Vibhor Verdhan, representing the woman, submitted that the boy was a breastfed child and that depriving him of his mother at such a crucial age would not only be detrimental to his health but would also violate the plaintiff's inalienable right to breastfeed her child.
The couple married according to Hindu rites in 2016. The woman accused her husband of atrocities, including dowry demands and verbal and physical violence.
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