HC denies custody of kids to mom because of legal battle

 HC denies custody of kids to mom because of legal battle

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30.01.2022

Chennai: A mother is the natural guardian of minor children unless proved unable to take good care of her child. But in a rare case, the Madras high court has denied such a natural right to a mother who chose to live with her ‘paramour’and‘harassed’ her husband who attempted to get her back to the family, reports Sureshkumar K.

“This court would wish to clarify that refusal to grant interim custody to the mother is not meant to be little her motherhood or slighting the umbilical relationship of the mother and her minor daughters. But what stood in the way was the apparent hysterical disposition manifested in her interminable acrimonious legal pursuit in the matter,” Justice V Parthiban said. Retrieving the estranged conjugal relationship appears to be not pragmatic in the circumstances of the case. But enragement on that account for whatever reasons, need not be nurtured or harboured and carried tothefuture,under mining the parentalbond,if she truly cares for the welfare of her minor daughters, the court added.

“The petitioner (mother) can think of taking professional advice and work towards a  mutually acceptable settlement, instead of playing the legal games of one-upmanship. The situation could still be reversed and salvaged. The ball is in her court and not in this court,” the judge said.

The issue pertains to a plea moved by the mother seeking permanent custody of her four-year-old twin daughters. Since her husband was employed in the US, the twins were born there and obtained US citizenship.

In 2013, when they came back to India, she joined a law school in Chennai to pursue a law degree. Subsequently, she developed a relationship with her college mate who was the son of an influential political leader of the then ruling party. 

At one point of time, she separated from her husband and started living with her boyfriend. As the attempts made by the husband to reunite her with the family went in vain, he moved the family court for divorce. Estranged, she filed multiple litigations against the husband including the present plea for custody of the children. However, the court permitted the mother to contact her daughters through video call during weekends.