In a significant judgment, the Calcutta High Court recently granted custody of a 4-year-old girl to her biological father, overturning an earlier decision that placed the child with her deceased mother’s friend, Julie Roy. The court cited the father’s financial stability and growing bond with the child as the main reasons for the decision.
Case Background
The child’s mother tragically passed away in March 2018 after committing suicide, leading to the father’s arrest in connection with the case. During his custody battle, the child was initially cared for by her maternal grandmother, Kajal Saha. However, following the grandmother’s suicide, the girl was placed under the care of Julie Roy, a distant relative and family friend of her deceased mother.
Court’s Earlier Decision
Previously, the court had allowed Julie Roy to retain custody of the child, granting the biological father visitation rights. However, concerns about Julie Roy’s capacity to care for the child prompted a reassessment of the case.
New Court Ruling
A bench of Justice Ajoy Kumar Mukherjee and Justice Soumen Sen found Julie Roy unfit to act as the child’s guardian. The court observed:
- Julie Roy lacked the financial stability required to raise the child and ensure proper education.
- Her responsibilities toward her own family, including a grown-up son, limited her ability to provide adequate care.
- In contrast, the biological father, an engineer, demonstrated financial capability and a developing emotional bond with his daughter.
The court emphasized that disturbing the growing bond between the father and the child would not be in the child’s best interest.
Court’s Observations
The judgment stated:
“Julie Roy’s conduct does not make her fit to be a guardian. The biological father has shown a strong attachment to his child, and their bond has grown significantly. His financial stability ensures a secure future for the child.”
Conclusion
This ruling highlights the importance of considering a child’s welfare, emotional bonds, and long-term stability in custody cases. By awarding custody to the father, the court prioritized the child’s best interests, ensuring a nurturing and supportive environment for her growth.
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