Man or woman may be bad for each other in relationship, but may be good parents for child: Punjab & Haryana High Court

The Punjab and Haryana High Court recently observed that a man or a woman may be bad in relationship, but that doesn't necessarily mean that they will be bad parents for their child (Jaspreet Singh v. Roopali Dhillon).Justice Archana Puri held that the paramount consideration in custody cases is the welfare of the minor child and not the statutory rights of the parents. "A man or a woman may be bad for someone in a contextual relationship, the same does not necessarily mean that the person is bad for his/her child. A mother or father, may be morally bad in the societal sense, but that parent may be good for the child. The so called morality is created by society, based on their own ethos and norms and should not necessarily reflect in a contextual relationship between the parent and child," the order stated..The Court was hearing a plea by a father against a trial court order which refused to grant interim custody of his minor daughter to him and his parents.The petitioner-father had married the respondent-mother in 2008 and a child was born from their wedlock in 2012. After matrimonial disputes arose between the two, they parted ways and the child continued to be in the custody of the mother.The father filed a petition under Section 25 of the Guardian and Wards Act seeking custody of the minor daughter. While disposing of an application for interim custody, the trial held that no ground was made out for handling over the custody of the minor daughter to the father. However, visitation rights were granted to the petitioner-father..Before the High Court, the parties alleged bad behaviour on the part of the other..After hearing the contentions, the Court observed that the matter is to be decided not on the consideration of the legal rights of the parties, but on the criterion of what would be in the best interests of the child."When the couples at loggerheads and want to part ways, they may level extreme allegations against each other, so as to depict the other unworthy, to have the custody of the child. In the circumstances, unless and until, there is proven bad conduct of one of the parent, which makes him/her unworthy to claim the custody of the child concerned, the question can and shall be decided, solely looking into the question as to, 'What would be the best interest of the child concerned'," the Court observed..Given that the child is now 10-11 years old, the mother can be the best friend, guide and mentor for the growing daughter, the Court observed. It als noted that at this stage, the child requires the assistance of her mother more than that of her father.While directing that the child remains in the custody of her mother, the Court increased the number of days the father is allowed to visit the child from once a month to twice a month."...during the course of such meetings, it is expected and desired from both the parties to extend cooperation to each other and create congenial atmosphere for the child to have healthy interaction with the petitioner," the Court clarified..[Read order]