Chhattisgarh High Court Awards Custody of Minor Girl to Mother, Citing Biological Changes
The Chhattisgarh High Court recently decided not to grant custody of a minor girl to her father, despite him being a natural guardian. The court highlighted that girls aged 10 to 15 undergo biological changes that require a mother’s care.
A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal ruled that it would be in the best interest of the child to remain with her mother. They stated, “A girl aged between 10 to 15 years undergoes biological changes which cannot be taken care of by the father.”
The couple married in 2009 and had a daughter a year later. Due to marital issues, they eventually divorced. The mother filed for maintenance, while the father sought custody of their daughter, claiming his wife defamed him and had a “criminal attitude.”
The mother denied these allegations, accusing the father of taking her jewelry and torturing her for dowry. She also claimed he abandoned her in 2012 and did not care for their daughter. She argued that she has been providing proper care and education for their child.
The Family Court dismissed the father’s custody application, prompting him to appeal to the High Court. The court referred to the Guardians and Wards Act and Hindu Minority and Guardianship Act, emphasizing that the welfare of the minor child is paramount.
The Division Bench referenced the Supreme Court case Goverdhan Lal & Ors v. Gajendra Kumar, noting the importance of the child’s comfort, health, education, and development in custody matters. The court found the father’s income insufficient to support his daughter and noted that no one would be at home to care for her while he worked. Additionally, no evidence was provided to support claims of the mother’s criminal tendencies.
Given the girl’s age and the specific needs during puberty, the court ruled in favor of the mother. The appeal was dismissed, affirming that the child’s welfare remains the paramount consideration in custody decisions.
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