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This is an archive article published on August 12, 2012

Court refuses kid’s custody to man,says behaviour ‘unnatural’

New Delhi,Aug 12 (PTI) A man,jailed for two years for subjecting his wife to cruelty,has been denied by a Delhi court the custody of his minor son,living with his maternal grandparents after his mother died of burn injuries in 2004. District Judge A K Chawla denied custody of the 10-year-old boy to his father on […]

New Delhi,Aug 12 (PTI) A man,jailed for two years for subjecting his wife to cruelty,has been denied by a Delhi court the custody of his minor son,living with his maternal grandparents after his mother died of burn injuries in 2004. District Judge A K Chawla denied custody of the 10-year-old boy to his father on the ground of his “unnatural” behaviour of never showing any interest in meeting the child.

There is nothing on record to show that even during the pendency of the instant proceedings,the petitioner (man) ever took any interest…to meet the child,even in the court. “Is that the love and affection and the concern of a natural father for his own child? Such conduct of a father is least expected and is unnatural,” the judge said.

The court’s order came on a Jahangir Puri resident’s plea for custody of his son,living with his maternal grandparents in Bulandshahar in Uttar Pradesh since his mother’s death in 2004.

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The man was earlier convicted for subjecting his wife to cruelty after she died of burn injuries in 2004. He was in jail from 2004 to 2006. He said the respondents were not giving proper education to his son and they also did not allow him to meet the child.

The court,however,dismissed the man’s charges saying “Anup Shahar (UP) may not be having schools of big name and fame but it cannot be assumed that the education which the minor gets there would not be at par with the education being provided in schools in Delhi. “Looking it from any angle,I therefore,consider it to be in the fitness of the things that the custody of the minor should remain with the respondents,” the judge said.

The maternal grandparents of the child,in their reply,had said that the child was living in a good environment and he was sincere and intelligent in his studies. They submitted there was no one in the man’s family to take care of the child and he was not financially sound to fulfil child’s needs.

While rejecting the man’s plea,the court said neither during the period of confinement in jail nor after release he took any steps to extend financial aid to the child.

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