'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother

The Madhya Pradesh High Court, in a recent verdict, granted custody of an 18-month-old child to the mother, who approached the court with a writ of Habeas Corpus, alleging that her son was forcibly kept away from her by her husband and in-laws. The decision was delivered by a bench of Justice Rohit Arya and Justice Rajendra Kumar Vani, who termed it an “unfortunate litigation”, observing that “even educated people expected to behave in a civilised manner, have crossed all limits conniving amongst themselves in snatching away 18 months’ old baby from the lap of his mother”. “An 18 months’ old child is not only required to be given natural feeding by his mother but also care by her, at this tender age,” the court said. The court noted with disappointment that the couple seemed to prioritise their own egos over the welfare of their child and showed little regard for their social standing and reputation while also criticising the couple’s apparent obsession with personal grievances and hostility toward each other, which had led to the airing of their private disputes in public forums, including police intervention. The court also criticised the conduct of the husband accusing him of inhuman behaviour and noted disappointment with the in-laws stating that “matured, educated couple; medical practitioners on high positions have also not relented and unscrupulously supported the allegations made by respondent No.5 against his wife/petitioner to justify separation of 18 months’ old child from his mother.