Court gives child’s custody to mother
23 Aug 2012 3:06 PM IST
A woman allegedly thrown out of her matrimonial home after her husband's death was given by a Delhi court the custody of her minor daughter, living with her grandmother, uncle and aunt.
Additional senior civil judge N K Malhotra gave the 12-year-old girl's custody to her mother saying 'the company of mother is essential' and she can look after her better. ‘For the development of the child, the company of mother is essential. Respondent (grandmother) is an old lady. I am of the view that the respondent, real uncle and aunt of the child cannot look after the child better than the mother. In view of my findings on the issues, the petitioner is granted permanent custody of the minor child,’ said the court.
The court rejected the child's grandmother's contention that the woman will not be able to take care of the child properly because she was working. It said though the woman is working, her mother can take care of the child and she has not remarried either after her husband's death. The woman, a resident of Kishan Ganj in North Delhi, told the court her husband had died due to brain hemorrhage in 2003 when their daughter was just three-year-old and since then, they were living at her matrimonial house.
She added that her in-laws, however, took over her deceased husband's business and threw her out of the house, while keeping her minor daughter with them. The court also noted that though the respondents claimed they were taking good care of the child, they have neither given any right or share to her in their assets nor have deposited any amount in bank to secure her future.
Additional senior civil judge N K Malhotra gave the 12-year-old girl's custody to her mother saying 'the company of mother is essential' and she can look after her better. ‘For the development of the child, the company of mother is essential. Respondent (grandmother) is an old lady. I am of the view that the respondent, real uncle and aunt of the child cannot look after the child better than the mother. In view of my findings on the issues, the petitioner is granted permanent custody of the minor child,’ said the court.
The court rejected the child's grandmother's contention that the woman will not be able to take care of the child properly because she was working. It said though the woman is working, her mother can take care of the child and she has not remarried either after her husband's death. The woman, a resident of Kishan Ganj in North Delhi, told the court her husband had died due to brain hemorrhage in 2003 when their daughter was just three-year-old and since then, they were living at her matrimonial house.
She added that her in-laws, however, took over her deceased husband's business and threw her out of the house, while keeping her minor daughter with them. The court also noted that though the respondents claimed they were taking good care of the child, they have neither given any right or share to her in their assets nor have deposited any amount in bank to secure her future.
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