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MP HC GRANTS TODDLER BOY’S CUSTODY TO MOTHER, SEEING HIS FONDNESS FOR HER
On Wednesday, Madhya Pradesh High Court holding an open hearing as an exception overruled a subordinate court judgment granting a three-year-old child’s custody to his father, after observing the child’s fondness and attachment for his mother.
Though the court is deciding cases through video conferencing only, an exception was made and the case was heard in the open court. A bench of Justice S. C. Sharma observed that when a child was permitted to go to his mother, he started playing with her.
The court observed that the boy was very happy with his mother and failed to understand how the observation was made by the subordinate court that if the child goes with the mother he would be emotionally and mentally affected, also observed that he is a minor child of very tender age and happy with his mother.
The court noted that in the order passed by the principal judge on 06/01/20, that for the past 6 months the child has been residing with his father, grandmother, and grandfather and after discussing previous judgments of the supreme court, the officer observed that if the child is separated from his father, it might affect his mental health, except this no detail have been looked into by the subordinate court.
Justice Sharma proceeded to iterate that while “it is true that the welfare of the child is paramount importance keeping in view section 17(2) of the Guardian and Ward Act, however, the court is bound to take decisions after taking into account the age, sex, religion, and other factors also.
The High Court detected that, as the child is happy with his mother, the mother is granted custody of the child, as she is from a well of family and she is very much able to take care of herself and the child.
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