The Allahabad High Court has ruled that a mother can be granted exclusive custody of her minor daughter, stressing that the old principle of the father being the “natural guardian” is no longer valid in today’s progressive society.
The Court observed that the father had fabricated a false story to remove the 12-year-old girl from her mother’s care and had kept her custody through deceit and manipulation.
The mother had filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking interim custody of her daughter. Her plea was rejected by the Magistrate and later by the Sessions Court. She then approached the High Court under Section 482 CrPC, stating that the child was taken away under the pretext of going to a mall and never returned.
The Court noted that the father had also compelled the mother to vacate her government accommodation under false promises of buying a flat, which further separated her from the child. The girl had been living with the father for nearly two years.
Highlighting the outdated nature of Section 6 of the Hindu Minority and Guardianship Act, 1956, the Court said:
“The principle that the father is the natural guardian is rooted in patriarchal bias and has become obsolete in the realities of the 21st century.”
The Bench also observed that as the girl had entered puberty, the presence of her mother was crucial for her emotional and psychological development. The Court stressed that separating a girl from her mother during adolescence could cause emotional detachment, neglect, and long-term psychological harm.
While granting custody to the mother, the Court recognized the father’s visitation rights but underlined that the mother holds a unique role in guiding a girl through puberty due to shared biological and emotional experiences.
The Court directed the father to hand over custody within three days, failing which the mother could seek help from the Child Welfare Committee, supported by a lady police officer and child counsellor. The Commissioner of Police, Lucknow, was also instructed to ensure compliance.
Cause Title: X v. State of U.P. & Anr. (Neutral Citation: 2025:AHC:93203)
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
