The Chhattisgarh High Court has ruled that a girl child aged between 10 to 15 years should stay with her mother, even if the father is the natural guardian. The Court explained that during this age, a girl goes through important biological and emotional changes that only a mother can properly handle.
A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal stated that it is in the best interest of the child to stay with her mother. They said girls at this age need special care, privacy, and attention, especially during puberty, which a father may not be able to provide.
In this case, the parents were married in 2009 and had a daughter in 2010. Due to continued disputes, the couple got divorced. Later, the mother filed a petition asking for financial support (maintenance), and the father went to Family Court seeking custody of their daughter.
The father claimed that the mother had made false allegations that ruined his image. He accused her of having a criminal mindset and argued that he should get custody as the natural guardian.
The mother denied all the accusations. She said the father had taken her jewellery, demanded dowry, and left her in 2012 without a reason. She told the Court that she is raising the child alone, providing her with education and care.
The Family Court rejected the father’s request for custody. He then appealed to the High Court.
While reviewing the case, the High Court referred to the Guardians and Wards Act and the Hindu Minority and Guardianship Act. The Court emphasized that the child’s welfare is more important than who is the legal guardian. It cited the Goverdhan Lal vs. Gajendra Kumar case, where the Supreme Court said custody decisions should be based on the child’s comfort, education, and overall development.
The Court also found that the father had no stable income and no one at home to care for the child when he was at work. He failed to provide any strong evidence that the mother had a criminal background.
The Bench concluded that the 12-year-old girl needed her mother’s care during this important stage of growth. As a result, the father’s appeal was dismissed, and custody remained with the mother.
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