Father too natural guardian, can claim kid’s custody: Karnataka HC | Bengaluru News – Times of India

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BENGALURU: A father too is the natural guardian of a minor child and has equal right to the child’s custody, the Karnataka HC observed in a recent judgement while upholding the order passed by a family court in Bengaluru,
On March 3, 2022, the family court had granted custody of a seven-year-old girl to her father which the mother challenged. Both parents are doctors and residents of Bengaluru. Dismissing the mother’s appeal, a division bench comprising Justices Alok Aradhe and Vishwajit Shetty said that if the child is more than 5 years, a father’s right cannot be denied unless the court is of the opinion to the contrary in the interest of the child’s welfare and growth.
The custody should continue with the present custodian, it added. The appellant-mother has been directed to hand over the child to the father, immediately after her annual examination. Apart from Sundays, on all other important dates wherein a holiday is declared by the school, the appellant-mother is entitled to custody of the child from 10am till 1pm.
The bench pointed out that the appellant-mother had kept the child with her parents at Panchkula, Haryana, while she was allegedly involved with another person in Bengaluru, after leaving her matrimonial home.
Further, the bench noted that the parents of the appellant-mother had in the Supreme Court expressed unwillingness to look after the girl, and thereafter she was admitted to a school in Bengaluru. The issue of the father’s visitation rights when the daughter was in Panchkula had reached the SC.
“Therefore, it can safely be presumed that the appellant is least bothered about the welfare and interest of the child and she had taken the child away from the respondent (husband) only out of vengeance…,” the bench said.
The bench hoped the couple who are qualified doctors and responsible members of society will realize their mistake and come together at least for the welfare of the child, who in a short period of time would be attaining the age of maturity and would need them by her side.
The appellant and the respondent got married in October 2011. At the time, the respondent’s parents and sister with a toddler-daughter were staying with him and the appellant was aware of the same and consented to the marriage knowing that she had to reside with his family. The couple’s daughter was born on April 26, 2015. As per the respondent, in 2016, the appellant joined another hospital where she reportedly got involved with a married man. In the meantime, she frequently misbehaved with him and his parents.

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