Thursday, January 20th, 2022

Punjab-Haryana High Court said: With whom the child wants to live, it is important to know while giving custody

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News Desk, Amar Ujala, Chandigarh

Published by: ajay kumar
Updated Sat, 15 Jan 2022 12:03 AM IST

Summary

The Punjab and Haryana High Court, on a plea seeking custody of the child, observed that the welfare and well being of the child is more important than the claims of the parents. It is also important to know with whom the child wants to be. With this, the High Court dismissed the petition of the mother.

Punjab-Haryana High Court
– Photo : Amar Ujala

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The Punjab-Haryana High Court, while dismissing the petition of the mother seeking custody of the child, made it clear that while granting custody it is very important to know with whom the child wants to live. The High Court said that the welfare and well being of the child is more important than the claims of the parents. Fazilka resident woman, while filing the petition, said that she was married in 2014 and had a daughter in 2015.

There was a constant dispute between the petitioner and her husband, so she started leaving the house with the daughter on September 2020. On doing so, the husband and his relatives beat up the petitioner and did not allow the daughter to be brought. The lower court had ordered to maintain status quo in the matter. On the petition of the woman filed in the High Court for the custody of the child, the husband said that his wife used to quarrel in the house and left the house herself.

He is taking better care of his daughter. He is studying in the best school in the city. Daughter is also very happy with him. When the court asked the daughter, she expressed her desire to live with her father and grandparents instead of her mother. After this, the High Court dismissed the petition filed by the mother seeking the custody of the five-year-old girl.

The High Court said that in the matter of custody of the child, the right of the parents is not only paramount, but it is also very important to see with whom the welfare and welfare of the child lies. At the same time, it is also important to see with whom the child wants to live. The High Court has ordered the girl to live with her father, grandfather and grandmother.

Scope

The Punjab-Haryana High Court, while dismissing the petition of the mother seeking custody of the child, made it clear that while granting custody it is very important to know with whom the child wants to live. The High Court said that the welfare and well being of the child is more important than the claims of the parents. Fazilka resident woman, while filing the petition, said that she was married in 2014 and had a daughter in 2015.

There was a constant dispute between the petitioner and her husband, so she started leaving the house with the daughter on September 2020. On doing so, the husband and his relatives beat up the petitioner and did not allow the daughter to be brought. The lower court had ordered to maintain status quo in the matter. On the petition of the woman filed in the High Court for the custody of the child, the husband said that his wife used to quarrel in the house and left the house herself.

He is taking better care of his daughter. He is studying in the best school in the city. Daughter is also very happy with him. When the court asked the daughter, she expressed her desire to live with her father and grandparents instead of her mother. After this, the High Court dismissed the petition filed by the mother seeking the custody of the five-year-old girl.

The High Court said that in the matter of custody of the child, the right of the parents is not only paramount, but it is also very important to see with whom the welfare and welfare of the child lies. At the same time, it is also important to see with whom the child wants to live. The High Court has ordered the girl to live with her father, grandfather and grandmother.

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