The Delhi High Court has refused to grant custody of a two-year-old child to his father even as it allowed overnight stay of the son twice a month in the minor’s “best interest” due to his tender age.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna upheld a family court’s order awarding custody to the mother, stating that it was well-reasoned and fair, providing compelling justifications for granting custody to the mother.
The bench dismissed an appeal by the father challenging the family court’s April 2023 order that awarded custody to the mother.
The father’s argument was based on the claim that the mother had abandoned the child and left their matrimonial home when the child was just three months old, and he had been caring for the child since then.
The high court took note of these facts and the circumstances surrounding the case, upholding the family court’s decision to grant custody to the mother.
The woman asserted that she had been subjected to physical abuse by the man and his family members in January 2022.
She further alleged that in March last year, the man and his family forcibly took the child away from her at her parental house.
Following these events, the woman approached the family court seeking custody of her son.
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