Not squeezing into mould as per husband’s need no decisive issue for lady to lose kid’s custody: Chhattisgarh HC

By PTI

BILASPUR: Quashing a household court docket’s order that granted custody of a kid to the daddy, the Chhattisgarh High Court has noticed that if a lady “does not squeeze into the mould” as per the will of her husband, it doesn’t change into a decisive issue for her to lose the custody of their baby.

A division bench of Justices Goutam Bhaduri and Sanjay S Agarwal, whereas delivering the judgement in a case associated to the custody of a 14-year-old boy, additionally stated the character certificates by the society’s few members with “ostrich mindset” shouldn’t be allowed to determine the character of a lady.

The judgement, which was handed on March 28, was uploaded on the excessive court docket’s web site on Monday, in keeping with which the custody of the kid was granted to his mom, the lady’s lawyer Sunil Sahu stated on Wednesday.

The couple had bought married in 2007 and their son was born in December the identical 12 months.

They bought divorce with mutual consent in 2013, following which the custody of the kid was given to his mom, a resident of Mahasamund district, he stated.

“In 2014, the lady’s husband, who hails from Raipur district, filed an software in Mahasamund district household court docket searching for the custody of the kid on the bottom that the lady is in firm of various male and used to journey together with different male member and her apparel was not befitting to which might replicate that she had misplaced her chastity.

The man additionally stated, if the kid is saved in her custody, there can be an sick impact on his thoughts,” Sahu stated.

The household court docket in 2016 had handed over the custody of the kid to his father, he stated.

The lady then challenged the household court docket’s order citing it was handed solely on the premise of presumption, which requires interference.

Setting apart the household court docket’s order, the excessive court docket stated, “…The evidence on behalf of father, it appears that the witnesses have stated according to their own opinion and thought. If the lady is required to do a job that too in the field for her livelihood, naturally she would be required to move from one place to other and only because of the fact that she is required to rub her shoulder with public at large or male i.e.to accompany them in the car, there cannot be an inference that she has lost her chastity.”

“Only bald oral statement is made that she is addicted to consume liquor and smoke, etc. It is important to set a red line when the attack is made to assassinate the character of the lady. The statement of witnesses of plaintiff would show that they are largely influenced by attire of women as she wears jeans and T-shirt along with the fact that she is marching along with male members of society,” it stated.

We are afraid that if such ill-conceived train is given a highlight, then to guard the precise and freedom of girls can be an extended arduous battle.

If the spouse doesn’t squeeze into the mould as per need of husband, it could not be a decisive issue to lose custody of the kid by her, the excessive court docket noticed.

“By attacking the character of the spouse to impress upon that it could have an opposed influence on the thoughts of the kid, the diploma of nature of proof ought to have been way more and extreme to carry that steady a form of behaviour of spouse can be detrimental to the curiosity of kid.

The character certificates by few of the society members, who may need ostrich thoughts set, shouldn’t be allowed to determine the character of a lady and to attract an inference whereas deciding the custody of the kid that due to the behaviour of mom it could have an opposed influence on the thoughts of the kid,” it stated.

The excessive court docket additionally granted visitation and make contact with rights to the daddy and issued instructions on this regard.