'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by the woman and observed, It added, "the Courts are not only required to consider the comforts and attachments of the child but should also take into consideration the surroundings in which the child is growing, the moral and ethical values which the child learns by observation, availability of care and affection when the child needs it most and thereafter strike a balance which would be more beneficial for the child's welfare and interest." The Court continued, “When the child is deprived of a proper parenthood, its overall growth and happiness gets effected and in such situation, the Courts are not only required to consider the comforts and attachments of the child but should also take into consideration the surroundings in which the child is growing, the moral and ethical values which the child learns by observation, availability of care and affection when the child needs it most and thereafter strike a balance which would be more beneficial for the child's welfare and interest.” Further noting that the appellant had filed cases against the husband after leaving his house, the bench said, “All these aspects would clearly go to show the attitude and hostility of the appellant towards the respondent, in spite of she continuing her illicit relationship with the aforesaid S after leaving the matrimonial house.” Further the bench said the woman had not honoured several orders of the court providing visitation rights to the respondent and she had successfully kept the child away from the respondent. It said “In view of Section 14 of the Family Courts Act, 1984, the Family Court is authorised or empowered to receive as evidence any report, statement, documents, information if any, in its opinion, the same would assist it to deal effectually with a dispute, irrespective of whether it is relevant or admissible under the Indian Evidence Act, 1872.” Further noting that the woman had after leaving the matrimonial house handed over the custody of the child to her parents in Chandigarh the bench said “Therefore, it is very clear that prior to the appellant leaving her matrimonial house as well as after she left the matrimonial house, she had not taken care of the child and it was the respondent and his parents who were taking care of the child while she was staying from the matrimonial home.” Accordingly, the Court upheld the family court order.