Children of young age requires mother’s love and affection, HC observes
Children are not play things of their parents. Their welfare is of paramount importance and they will be well protected when the mother is with them. The High Court ruled so and rejected the plea of the father for their custody.
The Court noted that the children are of tender age, five and four, and the mother stoutly opposed the father's contention to get them under custody.
S Das and his wife are now living separately due to matrimonial disputes and the Ottappalam family court had granted Rs 7000 per month maintenance for the wife and the two children.
The court had given custody of the children to the mother. The father then challenged the order and sought custody of the children but it was turned down by the High court.
The mother told the court that the father is a drunkard and
frequently harassed them. So the children are not feeling safe at home with their father and hence separation was warranted. The high court upheld the order of the family court granting custody of the children to the mother.
The High Court, however, permitted the father to talk to the kids daily for 10 minutes over mobile phone between 7 pm and 9 pm. Visit rights was also granted to the father during the vacation period.
During vacation, the kids can stay with the father for limited days. The venue for the exchange of the children shall be before the family court in Ottappalam. In case of any change of circumstances, the parties are at liberty to move the family court, the HC clarified.
The High Court emphasised the dictum laid down by the Supreme Court that children of tender age requires love, affection and protection of the mother by weighing the circumstances. Here the atmosphere is conducive to the kids with the mother only. The family court had done the right thing.
The father though he was denied the right to custody was permitted to talk to the kids daily. The High Court said that telephonic talk will maintain the bond between father and kids and during vacation they will have no difficulty to stay with the father for a few days.