Minor daughter - Aged 11 years - Mother would the best person to take care of her daughter at this growing age

Guardians and Wards Act, 1890 (8 of 1890) - Section 25 - Custody of the minor daughter aged 11 years – While determining the welfare and custody of the child, financial status of the parties is not the sole criteria - The judgment of the lower Court which has been given solely on the basis of the better financial status of the respondent-husband is not sustainable and it deserves to be set aside – Where the custody of minor girl is concerned, it is settled principle of law that for a minor child, the lap of the mother is the best place - Wife does not have any inferior economical status than the respondent-husband - Proceedings before the Mediation Centre reflect that the minor girl had never been comfortable with the father and she had never expressed her desire to remain in the company of the father - A minor child is not a non-living substance which could be handed over from one parent to other - She is at present aged about 11 years - At this age her custody with mother is necessary for her growth - Mother would the best person to take care of her daughter at this growing age - The father has taken up the plea that his mother, a retired teacher, would be capable of looking after the child in a better manner as compared to the mother of the child - Such a plea is not acceptable - Minor child being a girl, deserves to remain in the custody of mother as since the inception she has been staying with the mother - Plea that brother of the appellant - Wife having been convicted in a case under NDPS Act is not sufficient enough to shift the custody of the minor from mother to father.

2018 PLRonline 003