Child's best interests transcend primary caregiver's love: Bombay High Court

File photo

The Bombay High Court has stated that the term "best interest of the child" encompasses a broader meaning beyond the love and care provided by the primary caregiver parent. It affirmed that a child's fundamental human right is to receive care and protection from both parents. This decision came as a response to a plea from a US-based father who sought custody of his three-and-a-half-year-old son, a US citizen, from his estranged wife.

The court ordered the woman to return custody of the child to the father, who resides in the United States, within 15 days. The court emphasized that it is in the child's best interest to go back to the US, where he was born. Furthermore, it allowed the woman to accompany the child and directed the father to provide her with housing and financial support.

The court clarified that the concept of the "best interest of the child" goes beyond maternal care, especially for a child of such a young age. It includes ensuring the child's basic rights, identity, social well-being, and physical, emotional, and intellectual development. The court stressed that the opinions of both parents should be considered when determining custody, and the decision should prioritize the child's welfare.

The court also noted that, apart from the child's tender age, there were no other factors favoring the mother. It emphasized that the child's basic human right is to have the care and protection of both parents, and the wife was unjustified in preventing the child from having contact with his father.

Also read: Mumbai: In modern society, burden of household work should be borne equally by couple, says Bombay HC

The case involved a couple who married in Mumbai in 2010, moved to the USA in 2010, and received permanent residency status in 2020. They resided in Texas, where their child was born in 2019. However, the woman and her son traveled to India in 2020 and did not return as agreed upon, leading to legal proceedings in both Indian and US courts.

Given the often contentious nature of custody disputes in marital conflicts, the court recognized the critical role of the judiciary in acting as a guardian for the child's best interests. It underscored the court's responsibility to intervene and ensure that decisions are made in the child's best interest, especially in complex custody battles, which can be emotionally charged and detrimental to the child's well-being.