The Chhattisgarh High Court recently ruled that a father cannot take proper care of a girl child aged between 10 to 15 years due to the biological changes girls undergo during this period. The court emphasized the importance of maternal care during these critical years and granted custody of a 12-year-old girl to her mother.
A Division Bench consisting of Justice Goutam Bhaduri and Justice Radhakishan Agrawal stated that during puberty, girls experience certain biological changes that require special care and attention, which the mother is better suited to provide.
The case involved a father who sought custody of his daughter after the couple divorced. He argued that his wife had defamed him and had a criminal attitude, making him the better guardian. However, the court found that the father’s financial situation and his inability to care for the child while at work were significant factors against granting him custody.
The mother, on the other hand, demonstrated that she had been providing for the child’s education and well-being. The court also found no evidence to support the father’s claims about the mother’s alleged criminal tendencies.
The court ruled that the welfare of the child is the most important consideration in custody cases, referring to the Guardians and Wards Act and Hindu Minority and Guardianship Act. The court also referenced the Goverdhan Lal & Ors v. Gajendra Kumar case, where the Supreme Court stated that a child’s comfort, education, and overall welfare should take precedence.
The father’s appeal was dismissed, and the court reaffirmed the mother’s custody, noting that a girl child at the age of 12 needs the care of a mother due to the biological changes she experiences.
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