Telangana doctor couple’s protracted child custody battle: HC overturns lower court order, grants shared parenting

The dispute stems from a petition filed by the father seeking custody of the minor child, which the lower court dismissed, restricting custody solely to the mother. The couple have been married since 2010 and have a son born in 2012. Since 2013, the wife has been living with her parents, and a court petition for guardianship of the child filed in 2014 was ruled in her favour by the lower court in October 2022. An appeal was filed by the husband in 2023.

During the proceedings, the high court expressed surprise at the “continuous resistance on the part of the respondent… opposing the shared custody of the child with the appellant…”

The court also recorded “the stubborn attitude of the respondent even in terms of the suggestion of increasing the visitation rights of the appellant” pending hearing of the Appeal.

The Telangana High Court noted, “the respondent appears to have painted a negative picture towards the appellant in the mind of the boy.”

“The Trial Court failed to appreciate various aspects, and was prejudiced by its interaction with the child without proving the allegations levelled against the appellant,” the high court observed, while setting aside the order and allowing shared custody of the boy.

The court directed both parents to look after the welfare of the child, “leaving apart their personal egos/misunderstandings”, and treat the shared custody “not as a matter of personal convenience or negotiation, but as a mandatory, child-centred obligation.”