Lawstreet Journal

Mother Who Nurtured Child For 9 Months in Womb is Certainly Entitled to his Custody: MP HC in Child Custody Matter

Lawstreet Journal 23 Sep 2020 1:55am

Image courtesy: Lawstreet Journal Judiciary Mother Who Nurtured Child For 9 Months in Womb is Certainly Entitled to his Custody: MP HC in Child Custody Matter

On September 17th, 2020 when the matter related to custody of Child occurred before the High court at Madhya Pradesh Hon’ble Justice S.A. Dharmadhikari pronounced that the welfare of the child is of paramount importance and for that, it is to be noted that the custody of the child should be given to the one in whose womb the nurturing of the child is done for 9 months.

The petition was filed before the court for seeking the habeas corpus direction to respondents 1 to 5 to produce the corpus Yatharth before the court who is alleged to be in illegal detention of respondents 6 to 8. 

Brief Facts of the Case:

It was found that the issue is of a matrimonial dispute arising out between petitioner and respondent 6. The petitioner by means of petition informed the Court that Respondent 6 used to harass and beat the petitioner and demanded a dowry of Rs.5 lakhs from the petitioner.

It was further informed to the court that due to marital issues between the husband and wife respondent 6 had locked the petitioner and took away the minor child Yatharth along with him. The child is 15 months old and has been illegally snatched by the respondent 6/ husband and her in-laws from the custody of the petitioner, who is living with her parents.

On the request made by the petitioner to respondent 6 for handing over the custody of the child to her, the respondent with the help of her parents beat the petitioner and… Continue Reading...

Tagged: Pregnant Women  
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