Delhi High Court: A Division Bench comprising of G.S. Sistani and Sangita Dhingra Sehgal, JJ. dismissed an appeal seeking review of the family court order directing the custody of girl child to be given to her mother.
The family court had granted custody of the girl child, aged 4 years, to her mother. The appellant-father filed the instant appeal under Section 19 of the Family Courts Act. He submitted that the respondent was mentally sick and behaved abnormally. Her violent behavior may have an adverse impact on well-being of the child. On the other hand, the respondent alleged that the appellant was a drunkard. She was often beaten by him and thrown out of the matrimonial home.
The High Court, on a careful reading of the order impugned, noted that the family court had carefully analysed the submissions made and passed the order. The respondent was a commerce graduate with additional qualification in Computer Applications. She was working as a Senior Manager with a private firm on a monthly salary of Rs 25,000. The High Court perused Section 6 of the Hindu Minority and Guardianship Act, 1956 which provides that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Referring to decisions of the Supreme Court in Gayatri Bajaj v. Jiten Bhalla, (2012) 12 SCC 471 and Roxann Sharma v. Arun Sharma, (2015) 8 SCC 318 the High Court reiterated that while dealing with the application of custody of a minor child, the interest and welfare of the minor should be of paramount importance. Conducive and appropriate environment along with the desirability of the child are some of the relevant factors that have to be kept in mind. In the instant case, the child was 4-years old. It was also an established fact that she was comfortable around the respondent. Additionally, the respondent-mother was in a better position to look after her as she would require special attention and guidance in her childhood for her psychological and biological needs. Accordingly, no infirmity was found in the order impugned and the appeal was dismissed. [Tarun Pullani v. Shilpa Pullani,2018 SCC OnLine Del 11520, decided on 27-08-2018]