In a pivotal judgment, the Allahabad High Court has reaffirmed the role of the mother as the natural guardian of children under five years of age. The court dismissed an appeal from Amit Dhama, who challenged a family court’s decision to grant custody of his four-year-old daughter to his estranged wife.
A bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh heard the plea, emphasizing that the mother’s role as the primary caregiver is typically in the best interest of the child’s physical, emotional, and psychological needs. “Various physical, emotional and psychological needs of the four-year-old daughter would be better protected in the care and custody of her mother,” the bench noted in its ruling dated January 10.
Dhama had approached the High Court objecting to the family court’s August 31, 2024, order which awarded ex-parte custody to the mother. He argued that since he had been taking care of the daughter, there was no need to shift custody. However, the court noted that merely because the daughter had been in the father’s company for some time post-separation did not outweigh the mother’s fundamental rights to custody as her natural guardian.
The court dismissed the argument that transferring the daughter from the father’s care would cause trauma, stating that the potential psychological stress was not sufficient reason to counter the mother’s guardianship rights. The judgment also highlighted that no allegations of harm by the mother were presented, and it noted her capabilities and educational background as a graduate who lives alone.
The court recognized that the couple, married in 2010, also had a son who is studying in a boarding school and financially supported by Dhama. This detail played into the broader assessment of the family dynamics influencing the custody decision.
