The Madhya Pradesh High Court has granted permanent custody of a five-year-old boy to his mother, ruling that the child’s safety and welfare are better secured in her care after the minor stated before the bench that he wished to stay with her because she loved him.
A division bench of Justices G. S. Ahluwalia and Anuradha Shukla passed the order on September 22, making absolute an interim custody direction issued a day earlier. The ruling came during proceedings on a habeas corpus petition filed by the mother seeking custody of the boy, who had earlier been handed over to her by police authorities.
Child Expresses Preference in Court
During the hearing, the bench directly asked the child, recorded as being approximately five years old, about his living preference. The boy informed the court that his mother loved him and that he chose to reside with her. Evaluating his response alongside his age and the domestic setting, the judges determined that the child would be safer in the custody of his mother rather than his father.
Family Testimonies and Domestic Circumstances
The court examined the household circumstances of both parents, who are labourers from a lower socio-economic background. The bench expressed regret over the dispute, observing that it was unfortunate for parents to fight with each other at the cost of their children’s lives.
The boy’s father, who earns approximately Rs 10,000 per month, appeared before the court alongside the child’s paternal grandmother. He levelled allegations against his wife and acknowledged to the court that he occasionally consumes alcohol. He also conceded that he regularly eats his meals at a hotel, though he asserted that he supplied ingredients for cooking food for his son.
When asked by the bench if she could look after the boy in the father’s absence, the paternal grandmother declined, stating that raising the child was her son’s responsibility. She further testified that her son provided no assistance to the family and dined at a hotel.
The proceedings also addressed the mother’s circumstances. The bench noted that she declined to live with her husband. Her father had urged her to return to her matrimonial home, explaining that he had other children to care for and noting that quarrels had previously erupted between the woman and her sisters-in-law.
Welfare of Minor Governs Custody, Rules Bench
In reaching its verdict, the high court relied on settled Supreme Court principles establishing that the welfare and well-being of a minor form the paramount consideration in custody adjudications. The bench noted that custody disputes are human problems that cannot be adjudicated solely on the basis of legal entitlements of a parent or guardian, nor through the rigid application of statutory provisions and evidentiary rules.
The judges highlighted that a child’s welfare extends beyond financial capacity and physical comfort to encompass moral and ethical development, emotional ties, health, education, and favorable surroundings. The court observed that while an intelligent preference expressed by a minor of sufficient age must be taken into account, the final determination rests on what best serves the child’s overall welfare.
Having granted temporary custody of the minor to the mother on September 21, the bench confirmed the arrangement on September 22, directing that custody remain permanently with her.
