Minor requires more than roof, food, rules High Court

Saurabh Malik

Tribune News Service

Chandigarh, March 2

In a significant judgment in child custody cases, the High Court has made it clear that ‘welfare of the child’ — a matter of paramount importance while appointing a natural guardian — could not be limited to fulfilling financial needs alone.

Justice Jaishree Thakur ruled that a minor required more than a roof over his head and food on his table. Emotional sustenance, too, was a requirement. “A safe environment, full of love and nurturing care, is always conducive to the overall development of a tender mind and that is why the legislature in its wisdom provided for custody of a minor under the age of five to be ordinarily with his/her mother,” Justice Jaishree Thakur said.

The judge also made it clear that a writ of habeas corpus was maintainable to seek a minor’s custody from a father. The assertion came on a petition filed by a mother through counsel Divjyot Singh Sandhu. She was seeking the issuance of direction, especially in the nature of habeas corpus, for custody of minor son, aged about four, from his father.

The father’s counsel had submitted before the Bench that habeas corpus would not be maintainable in the light of a judgment passed in September 2018, wherein this court had allowed a minor child’s interim custody with his father, while expressing opinion that it would be open to the mother to approach the guardian Judge to decide the question of custody.

After hearing rival contentions, Justice Thakur asserted the judgment cited by the father’s counsel was distinguishable and would not be relevant in the facts and circumstances of the present case. Among other things, it pertained to a child who was more than six.

Before parting with the case, Justice Thakur described habeas corpus as “efficacious remedy”, keeping in mind the reality of the delay occurring while availing alternate remedy of filing application under the Guardian and Wards Act or Hindu Minority and Guardianship Act.