‘Mom’s role in child’s life can never be doubted’

Observing that the role of a mother in the development of a child’s personality can never be doubted, the Bombay High Court has recently overruled the directive of a district judge and granted custody of a three-year-old boy to his mother.

Gauri Dhotre (name changed) had challenged the orders of the district judge in Raigad with the high court and Justice Rajesh Ketkar ruled in her favour.

Gauri’s counsel had argued that her son being a minor, was attached to his mother and cannot live without her. The counsel also argued that if the son’s custody remains with his father, then there are chances that it can have a disastrous effect on his allround development.

“I have interacted with the child for quite some time and prima facie, at this stage, I find that it would be difficult for him to stay away from mother. Considering his age, he is not mature enough to exercise option whether he should stay with father or mother. He can’t be judgemental,” Justice Rajesh Ketkar said.

Reiterating a Delhi HC order, Justice Ketkar said, “The role of the mother in the development of a 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.

“Neither the father nor any other person can give the same kind of love, affection, care and sympathies to a child as that of a mother. Psychologically, child-mother bonding is regarded as best for a child’s wholesome development though this presumption is rebuttable,” Justice Ketkar said, adding, “I do not find that any case is made out for handing over custody of minor son to the father. In my opinion, the minor son will not be in a position to live away from his mother considering his tender age.”