Bombay HC Denies Custody Of Child To Man, Says Mother's Care Conducive For It's Welfare

The Bombay High Court denied custody of child,  five-year-old, to a television actor's estranged husband by saying that keeping a child in the custody of the mother appears more natural and conducive to his welfare and development.

Justices S S Shinde and N J Jamadar headed division was hearing a petition filed by the husband who sought seeking hand over of his son's custody to him.

The court refused the petition and said that there is no material that proves that the child's custody with his mother is detrimental to his welfare and development. The court said that at such age, a child needs the company of the mother, and keeping him in her custody is “more natural and conducive for the development of the child”

The court said,“Ordinarily, the amount of love, affection, care and protection, which a mother can provide to a child of such tender age, cannot be expected to be provided by the father or any other person. This does not necessarily reflect upon the unsuitability of the father and other relations.”

The bench also noted that the love and affection of both father and mother are needed for the child hence allowed daily access to the father via video calls and physical meetings twice a week.

The man had claimed in court that the actor had kept his son illegally. His advocate also argued in court that the man had left his acting career to take care of his son while his estranged wife was too busy with her professional commitments to take care of him. The female actor's advocate opposed the plea and said that it would be detrimental for the child's welfare to be away from his mother.

The court ruled, “In our view, the issue of welfare of the minor cannot be determined on the sole parametre of the work commitment of one parent and the availability of ample time with another. The fact that respondent No 2 is a busy actor, cannot be construed to unfavourably judge her suitability to have the custody of the child."