Mom’s company more valuable to Children, Father can't give same kind of Love, Affection, Care: Court

 

Observing that a mother's company is more valuable while growing up and the father can't give the same kind of love, affection, care and sympathies to a child, a Sessions Court ordered a Pune businessman to hand over custody of his 2 children aged 8 and 4, to his estranged, city-based wife. The couple separated in 2021 as the woman alleged cruelty, but the man refused to let her have their custody.

The Court said that "It is settled that if a mother is a suitable person to take charge of the child, it is impossible to find an adequate substitute for her. The role of the mother in the development of the child's personality can never be doubted. A child gets the best protection through the mother. It is a most natural thing for any child to grow up in the company of one's mother. The company of the mother is the most natural thing for a child".

The Court further pointed out that the children's grandmother was taking care of them and even she cannot be a substitute for a "natural mother". "The grandmother is old and having her own problems. So considering the totality of facts and circumstances, the welfare of the children lies with the mother," the court said.

The 37-year-old man moved the sessions court last week after a magistrate's court ordered him to pay his wife Rs 20,000 every month and hand over custody of the children. The woman had filed a Domestic Violence complaint against her husband and in-laws before the magistrate's court last year. The now estranged couple was married in 2012. The woman said that her attempts to meet her children were thwarted.

While the husband claimed that his wife was suffering from mental ailments, a court appointed panel comprising a psychologist and three psychiatrists found that she was not suffering from schizophrenia. 

Refusing to accept the verdict of the doctors, the husband attempted to rely on certificates issued by a private hospital. However, the sessions court said the certificate only indicates there is presence of mild anxiety or that the woman may present obsessive thinking style.

The Sessions Court said that "The said factum does not anyway connect to show that the wife is of unsound mind. The trial (magistrate's) court has referred several instances which resulted husband meted out domestic violence to the wife, so that cause is sufficient to raise anxiety in the body of the wife".

The Court said in the event the man doesn't hand over custody of the children, the police should assist her. 

The Sessions Court said that "If there is any difficulty to the mother, the jurisdictional Police Commissioner or Superintendent of Police is also requested to do the needful".

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(With input from news agency language)

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