The father must also be able to take care of the children; High Court decision

Mumbai :It would be unfair to say that the father cannot take care of the daughter or protect her. Just as a mother is able to care for and protect a child regardless of its gender, a father should also be able to care for and protect a child regardless of gender, says high court in custody decision of four children Said while narrating. A one and a half year old girl who is a US citizen but is under the custody of her mother in India and father living in America.

'Just because the mother does not want to return to the United States, she cannot deprive the daughter of her basic human rights. A child has a basic human right to have the protection and care of both parents. It is not right to deprive a daughter of her father's company,' he says. Revati Mohite-Dere and Nya. Gauri Godse's bench ordered the mother to hand over the custody of the daughter to the NRI father.

The marriage of the petitioner and the respondent woman took place on 25 October 2014 in Kerala. Then on December 14, 2018, while living in America, she gave birth to a daughter. The wife came to India with her daughter to meet her parents in January. She was scheduled to return to America in April. After coming to India, she initially remained in touch with us. Then he made some demands. When he refused to meet those demands, she cut off contact. After this he issued a divorce notice.

Small disputes turn into serious disagreements…

The respondent has taken a unilateral decision not to go to America, turning a minor dispute into a serious difference of opinion. The petitioner has repeatedly apologized for his actions and has tried to come back, the court said. The girl is fond of reading poetry. Also he likes vegetarian food. The respondent claimed that the petitioner has long working hours and is reticent; However, the court clarified that this cannot be a reason to deny the father the custody of the daughter.

Order to give custody of daughter to father

The mother has no valid reason for not sending her daughter, who is a US citizen, back there. The court on Friday ordered the girl's mother to hand over the custody of the girl to her father within 15 days, saying she was willing to return to the US to pursue her social, emotional, financial and intellectual interests.

Dainik Ratnagiri Savdhaan
ISO 9001:2015 certified
(RNI No. Mahamar/2013/57411)
official register newspaper
11:19 26-12-2023

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