High Court decided to give custody of Daughter to the Divorced woman

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Nagpur: Considering it better in ordinary sense, the custody of the female child was allowed by the Nagpur Bench of the honourable High Court of Bombay, to be remained with the mother and not father. It was decided that the family Court was right in denying the right of Father of the girl child to have her custody and allowing the mother to have custody looking to her better care.

The said Bench division of High Court of Bombay, comprising Justice V. Naik and A. Badar further observed that even thought the Father of a girl child in the concerned case is being teacher is capable to provide her educational needs, but the Mother is also well qualified, having a steady income and as such she can look after her daughter well.  It was also found by the Court in the case that, the Mother of the concerned child is working with the Geology and Mining Department and also possesses the Diploma in Education and Child Development.

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It was a plea which was sought by the Nagpur based- Father within the provision of section 6 of the Guardian and Wards Act, 1890, claiming her daughter’s custody after his divorce with his wife. The marriage between both was solemnized by 6th day of June, 2005 and from the said wedlock they got a female child on 23rd March, 2006. But their marriage could not survive for more time and they got differences among them and ultimately they started living separately. After divorce arrived among them, the father of a girl child sought custody of his daughter, before the family Court which has denied the same in the year 2013. Thereafter, the Father brought appeal before said Bench of High Court, where he has contended that her mother was working most of the time in a day as such she was unable to take care of her and also she could not earn enough. He also claimed that he has invested a substantial sum in Insurance policies in the name of her daughter and he can take well care of her as he is living in the joint family comprising his mother too.

However, the Mother contended extremely opposite to Father’s contentions, and by denying his claim, she said that he was an addict of alcohol and stay out of house till late nights. As such the Court considers her contention and denied the plea of father and by confirming the order of the Family Court, the Bench has vested the Mother with the custody of her daughter.

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by Faim Khalilkhan Pathan.