Gujarat HC granted custodial rights to the mother of twin infants. The bench comprising of justice Sonia Gokani and Justice N. V Anjaria stated that there should be some limit to the nature of the allegations which were put forth against the mother who intented to acquire custody so that he children can be brought up in decent environment.
The allegations against the mother regarding heterosexuality and homosexuality, the court stated that:
“There appears to be clear intent and careful design to see that the she does not stand on her own and also be left with no self-esteem and gets completely bogged down and bent under the heap of allegations. We chose not to be led by any of these allegations and attempts of character assassination, which is a favoured design to bring down the self-esteem and morale of a lady who dares to shape her life with dignity and self-help, after leaving her matrimonial home.”
The court observed that mother should have the custody of children who are below 6 years of age unless the issue arises for the welfare of the children.
The court took mental well being, income, fixed place of residence as the parameters to grant her the custody of her children.
The Court considered the welfare of the children to be the paramount factor of consideration for their custody and discarded the allegations maligning the character and capability of the petitioner by her husband, in-laws. The court has granted immediate transfer of the custody to the mother and has appointed SP to ensure a periodical visit. Also appointed an officer from the department of women and children welfare to ensure well being of children.