Better financial status not sole ground for child's custody

Noting that the child's welfare is the sole criteria for decision in such cases, Additional Sessions and Civil Judge Gautam Manan refused Delhi resident Mohommad Faizayab's plea seeking his son's custody from his separated wife and allowed him to visit his son once every month.

"Mere fact that the petitioner (father) is having better financial status than respondent (mother) cannot be a ground to transfer the custody of the child to him. "The fact is also to be taken care of that in case the child's custody is given to the petitioner, he will have to live with his step­mother after leaving his natural mother. This may cause an emotional setback and can have an adverse impact on the child," the judge said.

The court also said guardianship cases must be only to ensure welfare of the children and should not be used to vent personal grudges in which the child suffers.

"Guardianship court is not a platform where litigation parties can be permitted to vent their grudges. Since in all the guardianship cases it is the child only who are the victims even though they have no role to pay in the failed marriages of their parents," he said.