By Niyati Dhiman

In a recent custody dispute case, the Gujarat High Court highlighted the importance of a child’s welfare over the medium of their schooling, particularly when the child is still a toddler. The case revolved around the custody of a four-year-old girl, with the father challenging a family court’s decision to grant custody to the mother. The father’s argument that the child should stay with him due to the lack of English-medium schools in the area where the mother lived was rejected by the court, which deemed it an unreasonable argument, especially given the child’s young age. The Court emphasized that the welfare of a child should not be judged based on the school’s medium of instruction and that such an argument does not hold weight in determining what is best for the child’s future.

The family court had previously granted custody of the child to the mother, noting serious allegations against the father’s character, including claims of physical and mental cruelty. The father’s actions were further scrutinized when it was revealed that he had taken the child into his custody “in complicity” with police officers. The mother had claimed that after leaving her matrimonial home in November 2022, she was falsely accused of theft, and during a visit to the police station, police officers handed over the child to the father, despite the mother’s protests. The family court had ruled in favor of the mother, granting her permanent custody of the daughter, but the father appealed the decision in the High Court.

The Gujarat High Court criticized the police for their involvement in what it described as a “conspiracy” in which the custody of the child was handed over outside the legal process. The Court made strong observations about the police acting as agents of the father, misusing their authority to settle a private family dispute. The Court further warned the police against becoming involved in such sensitive custody matters, which should be determined by the family courts, not by law enforcement officers. The Court’s remarks reflected growing concern about police interference in personal matters, particularly in cases involving vulnerable children.

In its ruling, the High Court acknowledged that the mother’s custody of the child was forcibly taken away, with the complicity of the police, and that this was a clear violation of the law. The Court highlighted that no one, including the police, should act beyond the legal framework, especially when the welfare of a child is at stake. The High Court dismissed the father’s appeal, reaffirming the family court’s decision to award custody to the mother. The Court also quashed any interim arrangements regarding the child’s living arrangements, emphasizing that the child’s best interests were paramount.

The background to the case involved the parents’ troubled marriage, which included allegations of abuse from the father. The mother left the matrimonial home in 2022 with their daughter, seeking protection and permanent custody. After the alleged false theft accusation, the police forcibly removed the child from her mother and gave her to the father. The father argued that he was better suited to care for the child, but the High Court disagreed, focusing on the mother’s right to custody in light of the circumstances surrounding the case.

This ruling serves as an important reminder of the legal processes that must be followed in child custody disputes and the need for police to refrain from interfering in family matters. It also underscores that a child’s welfare should be the central consideration in such decisions, not extraneous factors such as schooling options, especially when the child is still very young.

Case Title: Neelkumar Gunvantbhai Dave Vs. Dipti, High Court of Gujarat

Citation: MANU/GJ/1871/2024

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