Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. 

A division bench of Justice K. Lakshman and Justice K. Sujana was hearing a habeas corpus petition filed by the mother of a 7-year-old daughter, alleging that her husband had illegally abducted and detained their daughter in his custody. 

“Elders cannot decide that the minor boy should be with the mother and girl child should be with the father. In the custody matters, welfare of the minor child is the paramount consideration.”

The petitioner-mother submitted that she married the respondent in 2014 and they had two children, a daughter in 2015 and subsequently a son. However, disputes arose between the parties and a dissolution of marriage petition was filed before the trial Court.

During the pendency of the dissolution petition, a panchayat was held and the elders including their relatives decided that the older daughter would stay with her father and the baby boy being only 9 months would be in the custody of the mother. 

The petitioner argued that the respondent works through the day leaving nobody at home to look after the minor daughter. The petitioner also expressed further apprehensions that the respondent was trying to give custody of their daughter to his brother.

On the other hand, the respondent claimed that the petitioner was violent and that their daughter was not interested in staying with her mother.

The bench observed that there are several factors that need to be considered while determining the welfare of the child.

“Habeas Corpus proceedings are not to justify or examine the legality of the custody. The Habeas corpus proceedings is a medium through which custody of child is addressed to the discretion of the Court.”

The court found it appropriate to send the minor girl with the mother who was a homemaker considering that the child was 7 years old and the respondent was working. 

“Admittedly, girl child is aged 7 years. It is a tender age. She is a female child…There is no mention in the entire counter as to who is taking care of minor child if custody is given to the 9th respondent, whereas, the petitioner herein, being Homemaker, is taking care of the girl child. Therefore, we are of the considered view that it is just and necessary to give custody of the minor child to her mother, the petitioner,” the Court observed while allowing the petition.

The Court has also granted the respondent the liberty to take custody of his children through legal recourse.