Bengaluru: A father who has not created a conducive environment for his daughter, who is now 9 years old, cannot claim that he has rights over her. custodyThe Karnataka HC in a recent judgment observed.
Dismissing the petition filed by the father seeking equal custody rights with his wife, Justice M Nagaprasanna Noted that in cases where parents fight because of ego, it is the child who gets injured.
The inter-faith couple, both residents of Bengaluru, were married in 2005 and had a child in 2014. When differences cropped up, the woman started living separately with her 4-year-old daughter. Soon, the husband initiated proceedings for judicial separation as well as custody of the child.
In 2022, the family court granted interim custody of the child to the father during the summer vacations. The mother challenged this order before the High Court, saying that her husband had failed to take proper care of their daughter.
High Court: Minors cannot understand adult relationship issues
The mother moved the HC stating that her husband had failed to take proper care of their daughter with particular regard to her privacy, safety or interest and would leave the child with a stranger who would photograph/videograph the child Was.
Taking these facts into account, the High Court reversed the order of the Family Court and the series of efforts made by the husband before the Supreme Court, including filing of a review petition. Again, he approached the Family Court seeking equal custody, which was rejected, but he was granted child visitation of the Family Court, Bengaluru, between 1 pm and 5 pm, for three days during the holiday. Visitation rights were allowed in the room. The husband challenged the said order in the High Court. The mother argued that the child was afraid to live with her father, as she was engaged to a stranger, who slept in the same bed with the father. The stranger allegedly took photographs of the father and child sleeping next to each other to show the court that the child was being looked after.
Justice Nagaprasanna said that for the last five years there was estrangement between the husband and wife and the child was witnessing their quarrels since the age of 4 years.
“The minor does not have the coping skills or intellectual capacity to understand the issues in an adult relationship or the unhappiness of the parent. The parent must contribute to the child’s upbringing, whether social, physical, mental or materialistic.” support inter alia. In a troubled marriage, harm is bound to happen. In the best interest of the child, I find no warrant to interfere with the order passed by the court,” the judge said.
“The girl, in her best interest, prefers to be with her mother and psychologically it is believed that the bond between the child and the mother is for the best,” the judge said.
Dismissing the petition filed by the father seeking equal custody rights with his wife, Justice M Nagaprasanna Noted that in cases where parents fight because of ego, it is the child who gets injured.
The inter-faith couple, both residents of Bengaluru, were married in 2005 and had a child in 2014. When differences cropped up, the woman started living separately with her 4-year-old daughter. Soon, the husband initiated proceedings for judicial separation as well as custody of the child.
In 2022, the family court granted interim custody of the child to the father during the summer vacations. The mother challenged this order before the High Court, saying that her husband had failed to take proper care of their daughter.
High Court: Minors cannot understand adult relationship issues
The mother moved the HC stating that her husband had failed to take proper care of their daughter with particular regard to her privacy, safety or interest and would leave the child with a stranger who would photograph/videograph the child Was.
Taking these facts into account, the High Court reversed the order of the Family Court and the series of efforts made by the husband before the Supreme Court, including filing of a review petition. Again, he approached the Family Court seeking equal custody, which was rejected, but he was granted child visitation of the Family Court, Bengaluru, between 1 pm and 5 pm, for three days during the holiday. Visitation rights were allowed in the room. The husband challenged the said order in the High Court. The mother argued that the child was afraid to live with her father, as she was engaged to a stranger, who slept in the same bed with the father. The stranger allegedly took photographs of the father and child sleeping next to each other to show the court that the child was being looked after.
Justice Nagaprasanna said that for the last five years there was estrangement between the husband and wife and the child was witnessing their quarrels since the age of 4 years.
“The minor does not have the coping skills or intellectual capacity to understand the issues in an adult relationship or the unhappiness of the parent. The parent must contribute to the child’s upbringing, whether social, physical, mental or materialistic.” support inter alia. In a troubled marriage, harm is bound to happen. In the best interest of the child, I find no warrant to interfere with the order passed by the court,” the judge said.
“The girl, in her best interest, prefers to be with her mother and psychologically it is believed that the bond between the child and the mother is for the best,” the judge said.