Child Below Five Belongs with Mother Unless Proven Unfit: Allahabad HC Grants 21-Month Old’s Custody to Mother
Allahabad High Court: In a habeas corpus writ petition filed by mother seeking custody of a 21-month-old minor child,
Justice Sandeep Jain
“Manifest Arbitrariness”: Allahabad HC grants compensation & damages to man whose vehicle was wrongly seized and auctioned under U.P. Cow Slaughter Act
The Court noted that it was equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle, which was the principal source of livelihood of the accused, for a grossly inadequate consideration without awaiting adjudication of the accused’s challenge.
Child’s Overall Development outweighs Relative Care; Allahabad HC Grants Custody of Infant Child after Mother’s Death to Father
“The corpus is only about 13 months old. If custody is not entrusted to the father at this stage, there is a real possibility of the child growing up without forming any emotional bond with him, which would be detrimental to the child’s overall development and the father’s parental rights.”