Man denied custody as son refused to recognise him

Noting that the welfare of the child is of paramount importance and "not the rights of the parents", Additional District Judge Pawan Kumar Matto dismissed the plea of Uttar Pradesh-based man seeking interim custody of his son as he wanted to get the child admitted in a school in Modi Nagar.

The father contended that he is the natural guardian of the minor and is entitled for his custody.

The court, however, rejected his plea and said the child has failed to recognise his father and he is already studying in a school here and if he is shifted to Modi Nagar, his education will be "disturbed".

"The law is well settled that the paramount consideration is the welfare and interest of the child and not the rights of the parents and admittedly the child is studying in a school at Delhi.

"The petitioner is residing in Modi Nagar, UP and in case the interim custody of the child is shifted from the custody of the respondent (mother) to the petitioner (father), the education of the child will be disturbed," the court said.

The woman in her reply had said that they have been living separately from past 12 years and her husband had not made any efforts to meet their son.

She said she with the help of her two brothers is taking care of the child and the future of the minor is more secure in Delhi as the education here is better than Modi Nagar.

The judge also took into consideration that the man is a vegetable seller and earns Rs 150-200 per day, whereas the child is living with his mother here and both his maternal uncles had jobs and were taking care of him.

"In view of the discussion and taking into consideration the welfare of the child, I am of the considered view that interim custody of the child cannot be shifted from the mother to the father during the pendency of the present petition (for permanent custody)," the judge said, adding that the man plea is devoid of any merits.