Comfort of child is paramount: HC

CHANDIGARH: The comfort of a child is paramount while deciding custody with either of parents, the Punjab and Haryana high court has said. The court refused to interfere with the decision of a Chandigarh court in allowing only visitation rights of two days a month to the mother till the court decides on custody.

In ordinary circumstances, the custody of a child below five years remains with the mother only. The decision came on a dispute over custody between an estranged Panchkula couple who had married in April 2014, with the child born in November 2014. The mother had petitioned a family court in 2016 seeking custody and alleging that the husband had fraudulently taken away the child.

The husband had contested the claims on the ground that the conduct and temperament of the woman “are not best suited to the child as she is provocative and used to abuse” him and his parents. He had also produced a video showing the woman slapping him and picking up the child and throwing him on the floor. The court had given her visitation rights only, pending final decision on a trial basis to assess whether child felt comfortable with her.

Refusing to interfere with the family court order, the HC stated that the latter had acknowledged the right of the mother as being an inalienable right.

“The legal position …provides welfare of a minor as of paramount and controlling consideration. The legal right of a particular party has no place in the aforesaid consideration,” the high court bench observed.

The court said that it will not take note of any of the contention of the parties, since it would prejudice the pending decision before the guardian Judge. For the grant of interim custody, the comfort of the minor has to be appreciated with evidence on record, it added.