‘Childhood is not nurtured by money!’, Chhattisgarh HC refuses to give custody to father, questions raised on step-in-law’s ‘mother-like love’

Chhattisgarh High Court: Chhattisgarh High Court has given an important decision regarding the custody of children. Aalat said that raising a child is not only about financial security but also about emotional attachment. Strengthening this thinking, the High Court, in an important decision, refused to give the custody of the child to the father. The court clearly said that assuming that the step-daughter will love the child like a real mother is just an assumption, there is no guarantee of it. This decision of the High Court has come at a time when amidst changing family structure and increasing custody disputes, the courts are considering the ‘best interest of the child’ as paramount.

Why did the father ask for custody?

The father had argued in the Chhattisgarh High Court that he was financially capable. Has married again. The new wife can take good care of the child. The father said that he can give the child a better future, good education and facilities.

Why did the High Court reject the custody?

The Division Bench of Chhattisgarh High Court comprising Justice Sanjay K Aggarwal and Justice Arvind Kumar Verma said in the most important comment on this issue, “The well-being of the child is not decided only by money. The mother’s affection, protection and emotional attachment cannot be replaced by anyone else.” The court also said that there is no legal guarantee for the behavior of the sister-in-law. The mother-child relationship is both biological and emotional. A child needs mental stability the most. In Indian culture, ‘mother’ is not only the nurturer but also the first teacher and emotional shield of the child. The court also underlined this social reality.

This decision of the Chhattisgarh High Court gives a clear message that the child’s world is not made up of facilities but of sensitivities and no one, no matter how noble he may be, can completely take the place of the mother. The High Court upheld the decision of the Family Court and rejected the father’s appeal. The court accepted that giving custody of the child to the father due to his living with another woman would not be good for his future.

What was the matter?

This case is related to Laxmikant, a resident of Kodwa in Bemetra district of Chhattisgarh. Laxmikant was married in 2013 and has two sons. Due to continuous disputes between husband and wife, the matter reached the High Court. Laxmikant had filed a petition in the family court for the custody of his 7-year-old elder son, which was rejected by the family court. He challenged this decision in the High Court. After hearing the arguments of both the parties, the High Court said that there is no guarantee that the child will get the same love and atmosphere from his stepmother as he is getting from his real mother.