Shimla, June 3 (FN Bureau) Himachal Pradesh High Court in a landmark Litigation pertaining to the custody of a kid has ruled that mother is a natural guardian after father. Single bench of justice Vivek Singh Thakur, dismissing a petition filed against the order dated 23.11.2022, passed by Sub-Divisional Magistrate, Nalagarh, whereby SDM directed the grandparents to handover custody of minor children to mother. The respondent Priti Devi was married to Amar Singh, of village Bahlam in Tehsil Ramshehar, District Solan. Due to quarrels taking place between husband and wife as well as with other members of family, Priti Devi and her husband Amar Singh had been residing separately at Nalagarh alongwith their two minor sons. On 17.07.2022, Amar Singh committed suicide and he was declared dead in Hospital at Nalagarh where he was taken by his wife with the help of local police. Darshan Singh, father of deceased Amar Singh lodged FIR against Priti Devi alleging that his son committed suicide due to cruelties to which he was subjected by his wife Priti Devi. Resultantly, on 18.07.2022, Priti Devi was arrested and, she was released on the bail on 27.07.2022. During intervening period children remained with their grandparents.
After release on bail, Priti Devi filed an application in the Court of SDM, Nalagarh, for custody of her children. The SDM, Nalagarh, directed the grandparents to handover custody of minor children to mother Priti Devi. The grandparents approached High Court against the order passed by the SDM, Nalagarh. The counsel for petitioners contended that respondent Priti Devi was not having good relations with her husband and she abetted him to commit suicide. As such, lives of the children would not be safe in the hands of mother. It has been further canvassed that mother is having no means to look after and bring up children whereas, grandfather is an Ex-Serviceman and is having sufficient landed property and therefore, it will be in the interest of children to keep them with their grandparents. On the other hand counsel for respondent contended that had she been abettor for commission of suicide by her husband, then she would have never informed the police and would not have taken him to the Hospital with the help of police.
After hearing counsel for the petitioner at a length and going through the record of the case, the Court observed that allegation that mother abetted the father of children to commit suicide, is yet to be proved. Moreover, she has not been declared incompetent or disentitled to have custody of her minor children. Therefore, after death of father, mother is the next person to have guardianship/custody of minor children. However, Court has made it clear that right of mother to have custody of children is not absolute, but subject to welfare of children and in case in appropriate proceedings she is found incompetent and/or disentitled to have custody of children or to ensure welfare of the children, then she will lose right to continue their custody and in such eventuality custody to guardianship of children.