Prayagraj, April 22: The Allahabad High Court, while handing over the custody of two children to their mother, held that in order to establish a strong foundation of trust and emotional intimacy in a child’s life, the mother’s love must be unconditional.
Justice Rahul Chaturvedi gave this order while considering a habeas corpus petition (habeas corpus) filed by mother Seema Sharma on behalf of minor Kumari Sanya Sharma.
In this petition, the mother of the children had sought the custody of her two children, who are living with their grandmother.
According to the case, Seema Sharma (mother of the children) had married a Kapil Sharma (now deceased) in March 2016. Two children were born to this couple, in which a 5-year-old minor daughter and a two-and-a-half-year-old son.
However, Seema Sharma has been made an accused along with 5 others in the husband’s suicide case. The investigation of the case is still underway and no chargesheet has been filed so far. After the death of her husband, Sharma started living with her sister in Moradabad while her young children remained with their grandmother (Deepa Sharma). So the mother moved the High Court for the custody of both the children.
Court Comments
Taking note of Section 6(a) of the Hindu Minority and Guardianship Act 1956, the court observed that this special provision preserves the right of a father to be the guardian of the property of a minor child. But he is not the guardian of the child, if the child is less than five years of age.
The Court observed that this provision, in distinction of guardianship, lays down the exception of interim custody, and then specifies that the child should be kept in the custody of the mother as long as the child is less than five years of age.
Noting that in the present case, since there is a dispute between the mother (being the natural guardian of the children) and the grandmother and the father’s sister (aunt) over the custody of the minor children, the Court has come to the conclusion that the mother is Being the natural guardian of the children, the grandmother or their father stands at a much higher pedestal than the sister (aunt).
Emphasizing the necessity of mother’s love in the life of a child, the Court observed that “children are not the playthings of their parents.” His welfare is paramount and he will be well protected when the mother is with him.
A child should never feel like they need to get a mother’s love. This thought will create emptiness in his heart for the rest of his life. A mother’s love must be met unconditionally in order to establish a strong foundation of trust and emotional intimacy in a child’s life. If this love is withheld, a child will find this love in a million other ways. Sometimes they go on searching for it throughout their lifetime. The emotional foundation we give to our children at home is the foundation of their lives. We cannot underestimate the value of home and the power of a mother’s love.”
Consequently, after weighing the rights of a mother and grandmother towards the children, the Court found greater weight in the right of a mother to be the natural guardian than that of the grandmother. Hence, the custody of both the children was handed over to their mother, Ms. Seema Sharma. However, the court said that the grandmother, if she so desires, can visit her grandchildren once a week, i.e. every Saturday between 12 noon and 5 pm.
