By Varna Srinivasan  

The appeal revolves around a father of a four-year-old girl who had gotten custody of the child during the initial separation from the mother. When the father applied for divorce, the mother sought custody of the girl, which the father challenged. The court observed that the natural guardian will always be the mother till the child is over 5 years of age according to the existing law. In furtherance of this, the court ruled that the mother will be allowed to contest for custody and is likely to be granted the same as well.  

However, the court also took note of the highest principle followed in family law, that is, to ensure the best needs of the child are what are considered. It was finally held that the father was the primary caregiver in the child’s life and shifting guardianship would result in abrupt uprooting and traumatizing the child. Hence, the court ruled to retain custody with the father. However, after much assessment of the mother revealing a stable environment, both parents were granted visitation hours with the child.  

[Case Name: Amit Dhama v. Smt Pooja And 2 Others] 

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