HYDERABAD: A division bench of the Telangana High Court has made it clear that the consideration of child welfare play a predominant role in determining as to who should have the custody of the child. Custody of the child below seven years need not be with the mother and each of the case should be decided on merit and facts.
The bench comprising Acting Chief Justice Raghvendra Singh Chauhan and Justice T Amarnath Goud made this observation recently while allowing an appeal filed by Khaja Raheemuddin of the city challenging the order of trial court which has rejected the request of the appellant to continue custody of his two-year-old boy keeping in view of latter’s safety by restraining the boy’s mother (wife of the appellant) and her relatives not to interfere with custody of child. Presently, boy is in the custody of appellant.
According to the appellant, he and his wife were blessed with a boy. But later he came to know that his wife was having an extra-marital affair with another person. In spite of his repeated requests she did not mend her ways. Besides, she and her relatives threatened him and his family with dire consequences and also engaged contract killers to kill him and his child. He alleged that she even threw the boy from the cot several times due to which the boy sustained severe injuries. She had also filed a case against him and his family at a local police station under Dowry Prohibition Act.
Denying the allegations, the wife of the appellant said that she had filed a criminal case when her husband and his family members did not allow her to enter the house. According to Muslim Law, the custody of the child up to seven years was with the mother, she contended.
Making it clear that the paramount welfare of the minor child was with the appellant (father), the bench ordered that interim custody of the minor child shall remain with the appellant.