The High court of Punjab and Haryana while hearing an appeal from a father seeking custody his minor daughter, observed that the teenage daughter was better off with the mother and remarked “At this growing age, daughter looks for mother/a female companion with whom she can share and discuss certain issues comfortably” and added that the mother shall be best person to take care of the daughter.
Facts
The appellant and his wife were married since 2006 and conceived a daughter in 2008, but after a few years their relationship went bad and the wife lodged FIR under sections 498A and 406 of IPC in 2016 and also filed a complaint provisions of the Protection of Women from Domestic Violence Act, 2005 in 2017. The wife then filed a petition in the family court, Gurugram regarding the custody of the daughter on the grounds that the appellant was not taking proper care of the daughter due to which the career and schooling of the child was unsafe. The family court heard both sides and gave the custody of the daughter to the wife after which appeal was filed by the father in the high court seeking the custody of the child.
Appellant’s Contentions
The appellant contended that him being the father and natural guardian of the child had every right to claim the custody and that the family court had erred in granting the custody to the mother. The appellant further argued that allowing the daughter to be in the respondent-mother’s custody would do irreparable damage to the welfare of the child and pleaded that the custody be granted to him.
Respondent’s Submissions
The counsel for respondent submitted that the welfare of the child was in mother’s custody since the mother was capable of providing better home, quality education and safe home to the minor daughter.
Court’s Decision
The division bench of Justice Ashok Kumar Verma and Justice Augustine George Masih observed that father is the natural guardian of the daughter and has the right of the custody but remarked “It is trite that while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.” The court then examined the appellant-father’s depositions and opined that the father was a reclusive type of person who did not have any social circles and daughter was alone without her mother. The court further added that the appellant had not proved that daughter was not happy in the mother’s custody.
The court found mother to be in a better position to take care of the daughter and remarked “we are of the considered opinion that respondent-mother is the best person to educate and bring up her minor daughter and to effectively take care of her interest and welfare. The role of the mother in the development of a child's personality can never be doubted. Mother shapes child’s world from the cradle by rocking, nurturing and instructing her child.” Considering the growing age of the daughter the court further commented “At this growing age, daughter looks for mother/a female companion with whom she can share and discuss certain issues comfortably. There would be so many things which a daughter could not discuss with her father and as such mother shall be the best person to take care of her daughter at this growing age.”
Thus the court finding no error in the family court’s judgment, upheld the custody of the minor girl with her mother and dismissed the appeal.
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