"The custody of a female child should be allowed to remain with her mother so that she could be looked after properly," observed Bombay high court while rejecting a man's petition seeking permanent custody of his daughter.
A division bench of justices VA Naik and AM Badar of the Nagpur bench of HC recently dismissed the appeal filed by a man, a teacher of Nagar Parishad High School in Katol, who challenged the family court's order refusing to grant him his daughter's custody in August 2013.
The HC observed that the family court had rightly dismissed the husband's custody petition. The couple married in June 2005 and their daughter was born on March 23, 2006. Due to disputes, the two got divorced.
PJ Mehta, advocate for the man contended that he (the husband) was a teacher and hence was in a better position to impart education and raise the child properly. Also, he claimed that the daughter was kept in a creche after she returns from school at 1.30pm and the wife returns from work at 6.30pm. The husband, he claimed, lived in a joint family with his mother, two cousins and their wives and children.
Furthermore, he said that the husband was earning more than the wife. Also, he claimed that he had purchased some insurance policies and invested a substantial amount for the future of the daughter.
AA Sambaray, the wife's advocate, argued that when the daughter was interviewed by the family court judge, she (daughter) expressed that she felt very insecure and unsafe with her father. Also, being a girl child, she required the attention of her mother.
The wife alleged that her ex-husband was a habitual drunkard and every evening he sat in the liquor bar till late at night. She also alleged that on two occasions, when he was given the daughter's custody, he tried to flee with her. The police then got the daughter back.
She claimed that her mother took care of the daughter till she returned from work.
While granting them divorce, the family court had directed the husband to pay Rs2,000 per month towards maintenance of the daughter. The wife claimed that he has been paying the amount only intermittently.
While dismissing the appeal, the HC observed: "Family court has considered the judgments of the Hon'ble Supreme Court and the High Courts to hold that the custody of a female child should be allowed to remain with her mother so that she could be looked after properly."
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