Saurabh Malik
Chandigarh, November 7
The High Court of Punjab and Haryana has made it clear that a mother should be awarded custody of a child under the age of five, unless her mental or physical incapacity is detrimental to the child’s health. The Court also ruled that a child under the age of three should generally not be separated from the mother, even if she was admitted to a care and rehabilitation institution.
natural cradle maternal lap
- Judge Jasjit Singh Bedi’s claim came in a case where the petitioner’s husband claimed that she suffered from mental illness and was suicidal.
- Furthermore, Judge Bedi made it clear that a mother’s lap was a natural cradle in which the child’s safety and well-being could be ensured and that she had no substitute.
Judge Jasjit Singh Bedi’s claim came in a case where the petitioner’s husband and in-laws claimed that she suffered from mental illness and was suicidal. Among other things, it was held that the welfare of the child was best served in the custody of the father and her paternal grandparents.
The matter was brought before Judge Bedi after the mother filed a habeas corpus petition ordering the state of Punjab and other defendants to produce her minor child from the “unlawful detention” of her husband and in-laws. and allow him to join their company. .
Allowing the petition, Judge Bedi further clarified that a mother’s lap was a natural cradle where the child’s safety and well-being could be guaranteed and that they had no substitute. Maternal care and affection are, as such, indispensable for the healthy growth of the child.
Referring to a plethora of rulings, Judge Bedi further stated that his reading showed that the court was not bound by the mere legal right of a parent or guardian when deciding child custody cases. The rights of parents or guardians are governed by the provisions of the special statutes. However, the interest and welfare of the child is the paramount consideration in child custody cases.
Due importance was required to be given to the child’s comfort, health, education, intellectual development and family environment. The question of the interest and welfare of the child was to be judged “on the basis of the acknowledged superiority of the mother’s love and affection for the children”.
Turning to the facts of the case at hand, Judge Bedi added that the petitioner, in any case, was not hospitalized in a mental health facility to receive care or treatment. She, on the other hand, was working with a BTech (IT) qualified multinational company.
Judge Bedi added that the denial of custody to the petitioner, the natural and biological mother of the child, would be detrimental to the mental health of not only the child, but also the mother. The bond between a mother and her child was difficult to replicate. “Therefore, in the case of a mother, especially when custody concerns a child under the age of five, she should be awarded custody unless she is so mentally or physically incapacitated that giving her custody would be physically or mentally detrimental. to health. of the kids”.
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