By Paridhi Jain

The Chhattisgarh High Court adjudicated an appeal filed by a father seeking custody of his daughter under the Family Courts Act and the Guardians and Wards Act. The court, upholding the paramountcy of the child’s welfare, assessed the conflicting claims of the parents, prioritizing the child’s well-being, including moral and ethical upbringing. Notably, the daughter expressed a strong preference to reside with her father due to the love and care she received from him and her grandparents. The court took into account the mother’s reported aggressive nature and deemed it appropriate for the father to have custody of the daughter, while also granting visitation rights to the mother. Justice Goutam Bhaduri, concurring with the decision, emphasized the daughter’s allegations of mistreatment by her mother and voiced concerns regarding her mental development in the current environment. In light of the daughter’s expressed fear of retaliation if her sentiments were disclosed to her mother, the court directed the District Legal Services Authority to ensure the child’s safety and protection. Thus, the court’s decision aimed to safeguard the child’s best interests and ensure her overall well-being.

Click here to read/download the order.