Lawstreet Journal

Punjab and Haryana HC overrules trial court’s verdict to grant guardianship to mother considering the best interest of the children [READ ORDER]

Lawstreet Journal 27 Apr 2021 7:27pm

Image courtesy: Lawstreet Journal Judiciary Punjab and Haryana HC overrules trial court’s verdict to grant guardianship to mother considering the best interest of the children [READ ORDER]

The Punjab and Haryana High Court, on Monday (April 26, 2021) overruled the trial court's judgement to grant guardianship of children to separated mother (Megha Sood v. Amit Sood).

The matter was heard by a Single-member bench comprising Justice Sudhir Mittal.

The petitioner is a mother of two living separate from her husband since 2019. The petitioner argued that she was thrown out of the matrimonial home and was not allowed to take her children with her. 

The respondent's case was that the wife has deserted him and the children. In the trial court, it was argued that the wife was a woman of weak character having adulterous relations. The trial court itself held that these allegations are not proved by evidence. Even then the trial court did not grant custody to the wife. The wife was seen to have no means to maintain herself.

The High Court in its judgement pointed to the importance to be placed in the best interest of the children in cases of guardianship. The court noted that:

“Children are innocence personified. For their development, it is essential that the period of innocence be cherished and protected. This however remains a pope-dream where parents clash. The reason for such clashes may be many but primarily it is ego or lust. One or the other parent is not able to check this primordial urge even though parents are supposedly mature and responsible. As a result, the children suffer. Courts are asked to decide what is best interest because the parents have… Continue Reading...

Tagged: Punjab and Haryana High Court  
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