Delhi Court Grants Father Custody Prioritizing Children’s Welfare
In a rare October 2021 judgment, a Delhi court granted interim custody of two minor children to their father, emphasizing the importance of their welfare. The children, aged 4.5 years and 18 months, were placed in the father’s custody after the court noted that the mother has the right to her private life, but not at the expense of her children’s well-being.
The case began when the mother left the matrimonial home in October 2020, taking both children with her. The father then filed for custody, alleging that the mother’s relationship with her lover was negatively impacting the children. The court found that the mother had stayed in Goa for three days with her lover, leaving the children with a maid.
“The mother’s choice and her unethical conduct would hinder the balanced and healthy growth of the children. They require the due share of attention and affection from parents, which the mother has not been providing,” stated Principal Judge Anju Bajaj Chandna in the order.
The court acknowledged that while the mother’s character might not directly determine custody, the parents’ priorities and preferences significantly affect the children’s development. “Children with involved and caring parents always have better educational outcomes. Studies show that an active and nurturing style of parenting is linked to better verbal skills, intellectual functioning, and academic achievements among adolescents,” the court noted.
The court emphasized that children are affected by the relational turmoil of their parents. “In this case, both children are in their formative years and need undivided time, attention, care, and love from their parents,” the court concluded.
This ruling highlights the court’s focus on ensuring that the children’s welfare remains paramount, even when balancing the rights and choices of parents.
