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After poor grades, father gets child’s custody

Observing that poor grades of a 11-year-old girl in school showed that her mother was not taking proper care of her education, a Delhi court has granted her custody to her father. Guardian Judge Rakesh Kumar also observed that the mother of the child did not have sufficient space to provide her privacy in her growing years.

‘The child’s report card reflects certain disturbing facts. (It) reveals that the child scored only 47.67 per cent with C2 grade. It also reveals she was not regular in school and was absent for 32 days in the first semester. ‘In these circumstances, it is proved that the respondent (mother) is not taking care for giving education to the child,’ the court said, and told the mother to hand over the girl’s custody.

The father had contended that the estranged wife, who has kept the girl with herself since birth, was not taking proper care of her. He added that neither the wife nor her family could provide a good atmosphere for the girl’s growth.

On the issue of accommodation, the court said: ‘The mother is living with her parents in a three-bedroom flat with seven other members. The mother’s parents do not have sufficient space to provide privacy.’

It further took into consideration that the paternal grandfather of the child was a retired assistant commissioner of income tax and getting reasonable pension while the paternal aunt was a physiotherapist.

The mother’s family, on the other hand, was engaged in handicrafts business and were not present at the house during the day to give company to the child. The court said: ‘The child is reaching the age of puberty and she needs proper guidance and support at this time.’

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