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Woman denied custody of minor children who preferred dad
PTI
Last Updated IST

Guardian Judge Gautam Manan refused to hand over the custody of a 14-year-old girl and her nine-year-old brother to their mother, observing that both the minors, presently living with their father, were happy with him.

The court, however, allowed the woman to visit them for three hours every Sunday.
"In the present case, the two minors have preferred to be with their father with whom they are residing happily.

"I am of considered opinion that the paramount welfare of children is with the respondent (father) and their custody will remain with him," the judge said.
The court's order came on a petition by the children's mother, a resident of Trilok Puri in East Delhi, seeking permanent custody of her minor son and daughter.

The woman, in her petition, said she got married in May 1996 and was blessed with a daughter in March 1997 and with a son in December 2002.

She alleged that soon after the marriage, her husband began behaving rudely with her saying his marriage was solemnised without his consent and he was not happy with her.
She said the behaviour of her husband became intolerable as he started criticising and taunting her that she was not good looking and was not of his status.

Seeking custody of the both the children, the woman said, in August 2005 her husband threw her out of his house and since then she has been residing separately.

She said her husband was working as a security guard with long working hours and there was no one in his family to look after the minors.

The husband, on the other hand, countered her claims saying her wife has been suffering from fits and tuberculosis and was undergoing treatment.

He said after his daughter's birth, she decided to give the baby to her younger sister as she had no issue but his family did not agree to this as she was then the only child in the family.

He said her wife is suffering from inherent Tuberculosis and the doctors have suggested his family to save the child from infection.

Since February 2000, his wife was not living with him, he said, adding both his children were happily residing with his family since their birth and they have a bright future.

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(Published 02 November 2011, 13:01 IST)