Child Welfare: Custody of minor daughter – Respondentfather filed a Guardianship Petition before the Family Court seeking custody of minor daughter on the ground that the petitioner mother was suffering from Paranoid Schizophrenia and required treatment and that on account of mental illness, she had been treating the child with cruelty – Petitioner-mother contested the Petition alleging that the minor daughter was being sexually abused by the father and that it was unsafe for the child to be in his custody – Three counsellors were appointed on various dates as directed by Family Court – The consistent view of all the three Counsellors was that the mother showed symptoms of “Paranoid Schezophrenia “ which required immediate assessment and proper treatment keeping in view the welfare of the child – Family Court after referring to the reports of three Counsellors held that the child expressed her unequivocal desire to live only with the father and denied the allegations of sexual abuse by father and, therefore, there would not be any change in interim custody of minor with the father – Petitioner challenged the order of Family Court before the High Court – During pendency of appeal before High Court, the petitioner filed application before Family Court seeking custody of minor daughter during vacations for 15 days, which was allowed – However, on the day of return of custody, the petitioner sent text to respondent that she was in Goa with daughter and would return after 5 days – Respondent filed contempt petitions against petitioner since she had not returned the custody of the child as per the order of Family Court – Directions were issued to the SHO to locate whereabouts of the child whereafter she was found at the residence of petitioner and when produced before the Family Court her custody was handed over to the respondent – The visiting rights of the petitioner were restricted and she was allowed to meet the daughter in the Children Room of court premises only – High Court dismissed the appeal of petitioner and upheld interim custody of daughter with respondent – Hence instant Special Leave Petition by mother – This Court individually interviewed both the parents and interacted with the child and found that she was certainly capable of forming an intelligent preference regarding her custody – The minor daughter being over 12 years of age and studying in class VII was unequivocal about her definite desire to reside with her father – She stated that she received love and affection from her father, who was taking care of her food, education and assist her in her school projects and activities – Thus, the order of Family Court granting custody of the minor daughter to father and visitation rights to the mother is affirmed – Special Leave Petition disposed of – Parens Patriae jurisdiction.
Nil Ratan Kundu & Anr. v. Abhijit Kundu (2008) 9 SCC
413 : 2008(11) SCALE 437 – relied on
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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