The Chhattisgarh High Court, while giving judgment on a petition filed regarding the custody of the child, has held that if the wife does not mold herself to the will of the husband, then it will not be a decisive factor in depriving her of the custody of the child. The court set aside the order of the family court and handed over the custody of the child to the mother.
Advocate Sunil Sahu said that the couple bench of Justice Gautam Bhaduri and Justice Sanjay S Aggarwal set aside the order of the family court in Mahasamund district to hand over the custody of the child to the mother. The Couple Bench of the High Court, while commenting in the decision of the petition submitted, said that the character of a woman cannot be determined by wearing jeans-t-shirt, going out in connection with the job with male colleagues. The court has said that this kind of thinking will make the ongoing fight for women’s rights and freedoms long and difficult. He said that the character of a woman cannot be determined by the certificates of some people of the society having such an ostrich-like mentality.
Divorce took place after five years of marriage
The Court has also held that in the present case, if the wife does not mold herself to the will of the husband, it will not be a decisive factor in depriving her of the custody of the child. Sunil Sahu told that a couple resident of Mahasamund was married in the year 2007. A son was born to them in the month of December this year. After five years of marriage, the couple got divorced by mutual consent in the year 2013. There was a mutual agreement between the two that the son would stay with his mother. After this the mother of the child started working as an office assistant in a private institute in Mahasamund itself.
The father had made these allegations by the family court
Sahu said that after the divorce in 2014, the father of the child submitted an application in the family court of Mahasamund, demanding handing over of the son to him. The father of the child told in the family court that his wife goes out with the male colleagues of her institution, she wears jeans-t-shirt, her character is also not good, so living with her will have a bad effect on the child .
Woman went to HC against family court
Advocate Sahu said that on the basis of the statements of the witnesses, the family court in 2016 handed over the custody of the child to the father instead of the mother. The child’s mother had filed a petition in the High Court against the decision of the Family Court. The petition said that it is wrong for the court to conclude on the basis of the statements of others that only the father can take proper care of the child. Sahu said that the court, while awarding the handing over of the child to his mother, has held that the child has the right to equal love and affection of his parents. The High Court has also given the facility to the father of the child to meet and contact him.