A Delhi court has denied a man the interim custody of his 12-year-old son,who has been living with his mother since birth,on the ground that the child did not recognise him.
Noting that the welfare of the child was of paramount importance,Additional District Judge Pawan Kumar Matto dismissed the plea of the UP-based man seeking interim custody of his son as he wanted to get the child admitted to a school in Modi Nagar.
The court noted that the child had failed to recognise his father.
It said the child was studying in a school Delhi and if shifted to Modi Nagar,his education would be disturbed.
The law is well settled that the paramount consideration is the welfare and interest of the child and not the rights of the parents. The petitioner is residing in Modi Nagar,Uttar Pradesh,and in case the interim custody of the child is shifted from the custody of the respondent (mother) to the petitioner (father),the education of the child will be disturbed, the court said.
The woman in her reply had said that they have been living separately from past 12 years and her husband had not made any effort to meet their son. She said she was taking care of the child with the help of her two brothers and the future of the minor is more secure in Delhi as the education here is better than Modi Nagar.
The judge also took note that the man is a vegetable seller and earns Rs 150-200 per day,whereas the child is living with his mother and both his maternal uncles had jobs and were taking care of him.