Jharkhand High Court says mother’s ‘mamta’ best suited for offspring, grants custody to woman

While dismissing his plea, the court said, “The mother is best suited to care for her offspring…Psychological theory hypothesises that the mother is the centre of an infant’s small world, his psychological homebase, and that she must continue to be for some years to come.”

The court noted it was not only an issue required to be seen on a “legalistic basis” but also to be considered from the “human angle”.

Case

In 2023, the mother filed a petition under Section 25 of the Guardian and Wards Act, 1890, in the trial court for custody of her minor children, who were separated from her when she was allegedly abducted by a person. Her husband, however, claimed was in a relationship with the alleged abductor.

Arguments

Representing the father, advocate Ashim Kumar Sahani, argued that his estranged wife had left both their minor children uncared for and fled with another person in absence of appellant and his family members.

The lawyer argued that it suggested that she did not have any love and affection towards her children but this factor wasn’t considered by the family court.

Appearing for the woman, advocate Amritanshu Singh, argued that while rushing for an emergency situation the mother had met with an accident and left her children in the care of the neighbours but she was allegedly kidnapped and an FIR was lodged.

Following the incident, the police recovered and produced her before the sub-divisional judicial magistrate. The counsel, however, claimed that her husband and in-laws refused to take her back from the court.

He further argued that under this peculiar situation, her children are residing with her husband and in-laws but being infants they require their mother.

Further submission has been made that she with the aid of her parents is financially well and capable to take care of them.

Key observations

• In child custody matters, “parens patriae” jurisdiction empowers the court to act as a guardian for the child, prioritising the child’s best interests above all else.
• It allows court to intervene and make decisions that protect the child’s welfare, even if it means overriding the wishes of the parents or guardians.
• It is a human problem and requires a human touch.
• A court, while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents.
• If the minor is old enough to form an intelligent preference or judgment, the court must consider such preference as well, though the final decision should rest with the court as to what is conducive to the welfare of the minor.
• Empirical studies show that mother-infant “bonding” begins at the child’s birth and that infants as young as two months old frequently show signs of distress when the mother is replaced by a substitute caregiver.
• Developmental psychologists believe that the quality and strength of this original bond largely determines the child’s later capacity to fulfil her individual potential and to form attachments to other individuals and to the human community.
• An infant typically responds preferentially to the sound of its mother’s voice by four weeks, actively demands her presence and protests her absence by eight months, and within the first year has formed a profound and enduring attachment to her.

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