1 day ago
High Court Says Child Preference Cannot Decide Custody
A court had to decide whether a 12-year-old child should live with his mother or father.
The father said the child was old enough to choose where he wanted to live.
He also said the mother had moved the child to Ghaziabad, making visits harder.
The mother said the child was studying well and being properly cared for with her.
The High Court said a child's wishes are important, but they are not the only thing judges must consider.
The court said the child's overall welfare, education, care and emotional support were most important.
It decided that the child should continue living with his mother.
The father will be able to meet the child on working Saturdays in Shahdol.
He will also be able to speak with the child by video call every Sunday evening.
The Madhya Pradesh High Court retained custody of a 12-year-old child with his mother.
The court said a child's preference matters but cannot alone determine custody.
The father alleged the mother moved the child to Ghaziabad and limited visitation.
The mother said the child was receiving proper schooling and care in Ghaziabad.
The court ordered Saturday meetings in Shahdol and Sunday video calls for the father.
- Who
- The Madhya Pradesh High Court, the child's mother Annanya alias Priya Singh, and his father Abhishek Singh.
- What
- The court retained custody of the 12-year-old child with his mother while setting visitation arrangements for the father.
- Where
- The case involved Shahdol and Ghaziabad in Uttar Pradesh, where the child was attending school.
- When
- The verdict was given on August 20; the challenged family court order was dated July 2020.
- Why
- The court said the child's best interests and welfare take priority over his preference for one parent alone.
Father's Custody Request
Mother's Custody Position
Child's preference
Father's Custody Request
The father argued that the 12-year-old was capable of expressing his own wishes.
Mother's Custody Position
The court held that the child's preference could not by itself determine custody.
Living arrangements
Father's Custody Request
The father alleged that the mother had taken the child from Shahdol to Ghaziabad, affecting his visitation rights.
Mother's Custody Position
The mother said the child was attending school in Ghaziabad and receiving proper care under her supervision.
Custody and contact
Father's Custody Request
The father sought transfer of custody to his care.
Mother's Custody Position
The mother retained custody, while the court granted the father regular in-person and video contact.
Key facts
- Court
- Madhya Pradesh High Court
- Child's age
- 12 years
- Custody decision
- Custody remains with the mother
- Father's Saturday access
- Meeting with the child in Shahdol every working Saturday
- Sunday contact
- Video call every Sunday from 8:00 to 8:30 p.m.
- Court's principle
- The child's preference is significant but cannot be the sole basis for custody
- Conduct condition
- Abusive language or misconduct by the father could lead to suspension of video calls
Sources
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