Supreme Court bats for divorced mother who remarries
Nov 22, 2006 - 12:09:04 AM
, Reviewed by: Priya Saxena
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In this case, Lekha was married to P. Anil Kumar and was divorced soon after. The trial court granted custody of the child to the mother. The Kerala high court reversed the order and granted custody of the child to husband.
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By Indo Asian News Service,
[RxPG] New Delhi, Nov 21 (IANS) The Supreme Court Tuesday held that a divorced woman could claim custody of a minor child even after remarriage for the proper growth and development of the child.
Breaking the traditional barrier, the court said 'the father ought to be the guardian of the person and property of the minor under ordinary circumstances. The fact that the mother has married gain after divorce of her husband is no ground for depriving the mother of her parental right of custody.
'In cases like the present one, the mother may have shortcomings but that does not imply that she is not deserving of the solace and custody of her child,' the bench, overturning a Kerala high court ruling.
A bench of Justices A.R. Lakshman and Altamas Kabir said: 'If the court forms the impression that the mother is a normal and independent young woman and shows no indication of imbalance of mind in her, then in the end the custody of the minor child should not be refused to her or else we would be really assenting to the proposition that a second marriage involving a mother per se will operate adversely to a claim of a mother for the custody of her minor child.'
The bench did not agree with the general view that the father was the natural guardian and that he was entitled for the custody of the child.
The judges said: 'The paramount consideration should be given to the welfare of the child. It also has to be seen whether in view of his other commitments, the father is in a position to give personal attention to the child's overall development.'
In this case, Lekha was married to P. Anil Kumar and was divorced soon after. The trial court granted custody of the child to the mother. The Kerala high court reversed the order and granted custody of the child to husband.
The Supreme Court, after ascertaining the wishes of the 12-year-old son of Lekha, directed that she be entitled to his custody and that her former husband could only meet the boy.
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