Allahabad High Court Grants Custody of Minor Girl to Mother, Rejects Patriarchal Norms
The Allahabad High Court has ruled that a mother can be given full custody of her minor daughter to protect the child’s well-being. The Court found that the father had misled the mother and used manipulation to take custody of the girl.
The Court observed that Section 6 of the Hindu Minority and Guardianship Act, 1956, which treats the father as the natural guardian, is no longer relevant in today’s modern society. The judgment marks a clear stand against outdated patriarchal practices in child custody laws.
The case began when the mother filed for interim custody of her daughter under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Both her initial application and her appeal were rejected by the lower courts. She then approached the High Court under Section 482 of the CrPC, claiming that the father took the child under false pretenses and kept her in custody for nearly two years.
She stated that the girl had reached puberty and needed her mother’s emotional support and guidance. The Court noted that removing a girl from her mother at such a stage can severely affect her emotional and psychological growth.
While examining the case, the Court said that the Guardians and Wards Act of 1890, a colonial-era law, still affects how custody decisions are made. These laws were created in a time when men were considered primary caretakers, which no longer fits today’s values.
The Court criticized the father’s behavior, pointing out that he created a false story to take the child from the mother and even convinced her to vacate government housing under a fake promise of buying a private flat.
The mother supported her claims using Google Map location data and WhatsApp chats, which showed that the father had no legal order to keep the child.
The Bench emphasized that a girl entering puberty needs her mother’s care, which is difficult to provide in a male-only environment. The judges said that separating the child from her mother during adolescence can lead to emotional issues, neglect, and even long-term mental health problems.
The Court also added that the mother is naturally better suited to support a daughter during puberty because of shared biological and emotional experiences. While this doesn’t deny the father’s role, it recognizes the specific needs of a growing girl.
In conclusion, the High Court ordered the father to return the child to the mother within three days. If he fails to comply, the mother has the right to approach the Child Welfare Committee, Lucknow, which will take action with help from a lady police officer and a child counselor. The Commissioner of Police, Lucknow was also directed to monitor the situation closely.
Case Title: X v. State of U.P. & Anr.
Neutral Citation: 2025:AHC:93203
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