{"id":294560,"date":"2023-06-14T11:00:46","date_gmt":"2023-06-14T05:30:46","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=294560"},"modified":"2023-06-19T11:55:26","modified_gmt":"2023-06-19T06:25:26","slug":"custody-cannot-determined-weighing-economic-circumstances-of-parties-allahabad-high-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/14\/custody-cannot-determined-weighing-economic-circumstances-of-parties-allahabad-high-court\/","title":{"rendered":"Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father"},"content":{"rendered":"
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Allahabad High Court:<\/b> In a habeas corpus petition filed by the mother to handover the custody of her minor children and to issue directions to the respondents for making necessary provisions for interaction and conversations between the mother and the minor children immediately and during pendency of the present writ petition by mode of voice and video calls, Shamim Ahmed, J. said that as the mother herself had consented for admission of the children in India, it is clear that the mother was well aware of the custody of children, who are with their father in India, thus it cannot be said that it was an illegal custody \/ detention.<\/p>\n

In this case, the minor children are being deprived of the love and affection of their parents and the parents are not able to interact with their children meaningfully.<\/p>\n

The Court said that minor children should not be deprived of the love and affection of both the parents, as deprivation results in a grave phycological impact upon the impressionable and innocent disposition of a child in his formative years.<\/p>\n

As per the Court whenever a question arises before a court pertaining to the custody of the minor children, the matter is to be decided not on consideration of the legal rights of the parties but on the sole and predominant criterion of what would best serve the interest and welfare of the child.<\/p>\n

Further, the Court held that the question of custody cannot be determined by weighing the economic circumstances of the contending parties. The matter will not be determined solely on the basis of the physical comfort and material advantages that may be available in the home of one contender or the other. It is further held that the welfare of the child must be decided on a consideration including the general psychological, spiritual and emotional well-being of the child.<\/p>\n

After perusing the decree of divorce, the Court noted that the father has been able to prove the charges of adultery and irreconcilable differences against the wife. Thus, the Court said that this type of situation has a negative impact on the psychological behavior of minor children and is also not in the welfare of the children.<\/p>\n

The Court said that the mother by an email, herself consented to get the children admitted to some reputed school in India and that whenever she will be in India, she will visit her children at their father’s place. Further, it is not in dispute that the admission of both the children was done at the school with the consent of the mother, as for this reason she herself has provided her Aadhar Card and Passport copy. Thus, the Court held that the minor children are not under illegal custody of the father and are studying in India with the consent of the mother. Further, the Court advised the mother to approach the correct forum for getting the custody.<\/p>\n

The Court gave the following directions:<\/p>\n