Child's Wish Not Sole Factor in Custody: MP High Court
Madhya Pradesh High Court rules child welfare trumps preference in custody cases, grants mother custody with father visitation rights.
The Madhya Pradesh High Court has ruled that a child's preference for one parent cannot be the deciding factor in custody disputes. The court emphasised that the child's overall welfare and best interests must remain the primary consideration.
A division bench comprising Justice Vivek Agarwal and Justice Avanindra Kumar Singh delivered the verdict on August 20. The ruling came in response to an appeal filed by the father, Abhishek Singh, challenging a 2020 family court order in Shahdol that had rejected his custody petition.
The father argued that his 12-year-old son was old enough to express his wishes. He also alleged that the mother had relocated with the child to Ghaziabad, Uttar Pradesh, which hampered his visitation rights.
In response, the mother stated that the child was enrolled in a school in Ghaziabad and was receiving proper care and education under her supervision. The court was also informed that the father had remarried and had not attempted to visit the child in Ghaziabad despite a December 2021 high court order.
Citing Supreme Court precedents, including Vivek Singh vs Romani Singh and Ruchi Majoo vs Sanjeev Majoo, the bench held that at this crucial developmental stage, the mother's care, guidance, and emotional support were vital for the child's best interests.
While retaining custody with the mother, the court established a visitation arrangement for the father. He may meet the child in Shahdol every working Saturday. A weekly video call has also been scheduled every Sunday between 8 and 8:30 pm.
The mother must share her mobile number with the father, but the father is barred from using abusive language or engaging in misconduct. Any violation could lead to suspension of the video calls. Both parents may approach the trial court to modify the visitation terms if circumstances change.