CHENNAI: Stating that the child is of paramount importance, the Madras High Court has refused to grant custody of a minor child, who has been with the mother since the marriage was dissolved, to the father. “It is a well settled law as far as the custody of a minor child is concerned, the welfare of the minor child is of paramount consideration,” said Justice P Dhanabal.
He made the observation while dismissing a petition filed by P Harish Krishnan, who is seeking permanent custody of his 13-year-old child.
Krishnan and the respondent got married in 2010 in Thrissur in Kerala and a child was born in 2012. They obtained divorce on mutual consent three years later. Since then, the child has been with the mother who is currently staying in Chennai.
He moved a local court in Kerala which turned down his plea. In 2023, he approached the Madras HC.
The HC noted that the petitioner has failed to show the child’s future will be affected and may face hardships if he is left in the custody of the mother. It said the father is not entitled to get custody of the child but granted him visitation rights as per an interim order.