Strong financial position cannot be the sole criteria for determining custody of child

Bombay High Court: While deciding a matter concerning the custody of minor girl where it was contended by the petitioner father that he should be given custody of the child as her mother was not financially sound enough to raise the child,  the Divisional Bench of Anuja Prabha Desai and A.S. Oka, JJ. held that there was no evidence that the mother neglected the child or deprived her of necessities and physical comforts in absence of which only on the basis of strong financial position the father cannot get the custody of the child.

In the said case it was also contended by the petitioner that the mother’s home was not conducive for child’s upbringing, as the conduct of child`s mother who had taken divorce twice was unsuitable for minor child. The Court did not find this issue as a detrimental factor in deciding the issue of entrustment of child.

The Court also observed that there was no elderly female member in the house of petitioner father or other children in the age group of the child to take care of the child or to provide her company, under such circumstances disturbing custody of child would cause mental stress and psychological trauma to child. [Shrirang Purushottam Deshmukh v. Radhika Shrirang Deshmukh, 2016 SCC OnLine Bom 10582, decided on 14-12-2016]

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