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 abdicated their duty and responsibility."
The High Court had appointed Dr Amarpreet Kaur Sandhu as an Amicus Curiae in the case. The Amicus Curiae’s report informed the court that the children missed their mother and the father and father’s mother are a bad influence on the children. The report also said that the mother is now employed and able to take care of the children.
The petitioner argued that one of the children is less than 5 years old making the mother is the natural guardian under the provisions of the Hindu Minority and Guardianship Act, 1956. The high court opined that the trial court has neglected this legal position.
The High Court held that the allegations and counter-allegations made by both sides were not supported by evidence.
Based on the report of the Amicus Curiae the concluded that the best interest of the children will be served by giving custody to the mother. Thus, the court granted guardianship to the mother and allowed supervised visits by the respondent.
