The Punjab and Haryana High Court recently declined to hand over custody of a minor child to the mother on grounds that she was living in a paying guest (PG) accommodation and had no clear caregiving arrangement..A Division Bench of Justice Gurvinder Singh Gill and Justice Ramesh Kumari was hearing an appeal filed by the wife challenging a Gurugram Family Court order dated May 30, 2024, which had permitted the child to remain with the father and granted the mother limited visitation. Upholding that decision, the High Court observed, “The father is residing with his family. He has better accommodation consisting of four rooms than wife, who is staying as paying guest. She has not examined her mother to prove that her mother shall be available for the child to take care of him in her absence. Considering all these factors learned trial Court rightly declined to hand over the custody of the child to wife. Therefore, the husband is allowed to be primary care giver of the child.”.However, the Court directed a shared parenting arrangement by expanding the mother’s visitation rights while allowing the father to remain the primary caregiver..In the order passed on April 21, the Court noted that although both parents had expressed willingness for shared parenting, each insisted on being the primary caregiver. It reiterated that in custody disputes, the determinative factor is the interest of the child, not the competing claims of the parents."The issue of custody of the child is to be decided keeping in view the consideration of the best interest of the child and welfare of the child and not the cnflicting or better rights of the parent," observed the Court..The dispute arose following matrimonial discord between the parties after their marriage in November 2021. The wife alleged that she was subjected to physical and mental cruelty and was forced out of the matrimonial home in September 2023 while she was caring for the infant. Thereafter, she was denied access to the child, it was alleged.This prompted her to approach the police and initiate legal proceedings, including seeking recovery of the child through legal process. The husband denied these allegations. He contended that the wife had voluntarily left the matrimonial home and was not fit to have custody of the child, leading to the custody battle before the family court..The High Court agreed with the trial court’s finding that the mother, a working professional, had failed to demonstrate a reliable arrangement for the child’s care during her working hours. It also noted that she did not present any evidence to show that her mother or any other family member would assist her in raising the child.On the other hand, the father was found to be living in a joint family setup with his mother, brother and sister-in-law in a four-room house, supported by a nanny and domestic help. The Court observed that such an arrangement provided a stable and continuous caregiving environment for the child..While declining to interfere with the custody arrangement, the High Court modified the visitation schedule in favour of the mother. It allowed her to keep the child overnight three times a month, typically across three weekends, with flexibility for adjustments by mutual consent..The Court further directed that both parents must jointly take decisions regarding the child’s education, extracurricular activities and overall upbringing. It also ordered that school holidays and festivals be shared between the parents, and that the child’s birthday be celebrated jointly..Additionally, the Court restricted both parties from taking the child outside India without each other’s consent. It also cautioned them against exposing the child to conflict or speaking negatively about one another.The Court advised both parties to prioritise the child’s emotional and psychological well-being. It highlighted that a harmonious environment and the involvement of both parents are crucial for the child’s overall development..Senior Advocate Salli Bali along with advocates Jaiveer Bali, Archana Chauhan and Aarti Singh appeared for the mother.Senior Advocate Sunil Chadha along with advocates Kunal Muthreja and Tara Dutt appeared for the father..[Read Order]
