Father lives alone, child needs constant care: Karnataka High Court grants mother custody

The high court was hearing an appeal filed by the mother challenging the family court’s decision of February 2024 to give permanent custody of the girl to her father.

The man, who appeared in person, stated that he was interested in the child’s welfare, was waiting for his wife to return and join him, and did not want the marriage to be dissolved. He said he wanted to save the marriage for a healthy marital life and the welfare of the child.

Justices D K Singh and T M Nadaf directed the husband to increase the child’s maintenance from Rs 15,000 to Rs 25,000 per month

The woman was represented by Senior Advocate S Susheela, did not challenge the dismissal of her divorce petition and submitted that she was aggrieved only by the custody order.

‘Father lives alone’

Noting that the child is just seven years old, the high court held that a girl child requires constant care and nurturing from the mother. “In view of the sensitivity involved in the case, and considering the fact that the respondent/father now is single in his home, the order of custody of the child may not be in the welfare and interest of the child,” the court said, noting that the girl is a child with special needs and required constant treatment and the continuous care, love and affection of her mother.

It held that a lone incident of the mother leaving the child at daycare without following medical advice could not, by itself, justify separating the child from her mother and handing over custody to the father. It also took into account the fact that the father lived alone in Bengaluru, while his permanent residence was in Maharashtra.

The high court accordingly set aside the family court’s order granting permanent custody to the father and instead laid down detailed visitation arrangements. The father can visit the child every Sunday from 11 am to 3 pm in the presence of the mother, make 10-15 minute video calls every evening, and accompany the mother and child during the child’s medical visits, subject to his convenience.

The court also directed the husband to increase the child’s maintenance from Rs 15,000 to Rs 25,000 per month, considering that she is a child with special needs who requires constant care and medication.