Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother
Last week, the Punjab and Haryana High Court clarified that there are many things that a daughter cannot discuss with her father, and that as a result, the mother is the best person to care for her daughter as she grows older. A daughter looks for a mother/a female partner with whom she can share and discuss those issues comfortably during her teen years, according to the bench of Justice Ashok Kumar Verma and Justice Augustine George Masih. The Father/Appellant of a 13-year-old daughter appealed the Family Court of Gurugram's decision allowing her wife to take custody of her daughter from her Father/Appellant. The Civil Reference arose out of the applications for interim custody of the girl child filed by the appellant/father, Rajat Agarwal, before the Court of learned District Judge, Family Court, Gurugram, which were transferred to the High Court from the Family Court by order dated 5th April 2018. After hearing both sides, the Family Court granted the mother's petition and gave her custody of her minor daughter, Dishita, in a judgement dated May 30, 2017. As a result, under Section 19(1) of the Family Courts Act, 1984, the appellant father has filed this appeal.
The Court observed that since the father is generally the working member and head of the household, the laws assume that he is best qualified to look after the welfare of the child (who is 5-years-old or older). The Court also mentioned that the mother's position in the creation of a child's personality cannot be overstated, and that she forms a child's world from the cradle onwards by rocking, nurturing, and instructing her child. Finally, the Court found no illegality, perversity, or irrationality in the impugned Family Court judgement, finding that her mother is responsible for Dishita's overall welfare and growth. The Court did, however, grant the appellant-father visitation rights so that he may see his daughter. The Court ordered that he be permitted to visit the child-Dishita twice a month, preferably on the 2nd and 4th Saturdays, at a mutually agreed-upon location and time.