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Welfare Of The Children Lies With The Mother: Maharashtra Court Gives Woman Custody

A Maharashtra Court ruled in a custody battle between a couple that a mother’s role in parenting a child’s personality can never be doubted.

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Ritika Joshi
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A Maharashtra Court ruled in a custody battle between a couple that a mother’s role in parenting a child’s personality can never be doubted. The court gave custody of the children to the woman and said, “The company of the mother is the most natural thing for a child”.
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The Maharashtra Court ruled on a custody case between the father and mother based in Maharashtra. The court said observed that the children’s grandmother was taking care of them, but she could not be a substitute for a “natural mother”. According to the court, the grandmother was old and facing her own problems. The court said, “The welfare of the children lies with the mother”.

The court observed that a mother plays a major role in a child's development and their personality.

Maharashtra Court Gives Woman Custody

The 37-year-old man moved to the sessions court after he was ordered by a magistrate’s court to pay 20,000 rupees to his wife every month and hand over the custody of their children. The couple got married in 2012 and are now estranged. A year ago, the wife filed a domestic violence complaint against her husband and in-laws.

Meanwhile, the husband claimed that his wife suffered from mental ailments. The court appointed a panel of a psychologist and psychiatrists and they found that she did not suffer from schizophrenia. The husband proceeded to rely on certificates issued by a private hospital, but the court found that it only indicated that the woman had mild anxiety.

The court ruled that there was no evidence that the wife was of “unsound mind”. The court also referred to several instances of the husband abusing the wife and said, “that cause is sufficient to raise anxiety”.

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The court said that if the man did not hand over the custody of their children to the wife, the police should assist her. They said, “If there is any difficulty to the mother, the jurisdictional police commissioner or superintendent of police is requested to do the needful”.


Suggested Reading: Delhi High Court Says Every Child Has The Right To Use Their Mother's Surname

custody battle Custody of children
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