NEW DELHI: The Delhi High Court has granted custody of a 10-year-old boy to his NRI father, an industrialist living in Kenya, saying the man was in a better position to take care of the child. A bench of Justices GS Sistani and Jyoti Singh said while the woman, an advocate practicing in the city, may be well within her rights to seek alimony from her husband, using the minor as a “chattel to be traded for alimony or other benefits can never be in the best interests of the child”.
The high court dismissed an appeal filed by the woman challenging a trial court’s order by which the child’s custody was granted to his father. “We are of the view that the father/respondent is in a better position to take care of the child and the best interests of the child would be protected by granting his custody to the father. Accordingly, we find no merit in the appeal and the same is dismissed,” it said.
The high court said the Supreme Court has reiterated time and again that while deciding as to which parent would get the custody of the minor, paramount consideration has to be given to the “welfare of the child” and the “best interest” principle. The court’s observation came in response to an appeal by the mother challenging a family court’s January 2018 order granting the child’s guardianship to his father.