New Delhi:
A Delhi court has agreed to a minor girl's wish to stay with her father as her mother used to 'scold' her on petty things.
Guardian judge Gautam Manan allowed the man, a resident of upscale south Delhi's New Friends Colony, to have the custody of his 12-year-old daughter, dismissing his estranged wife's contention that the girl was reaching the stage of puberty and needed her care and guidance.
"The minor who was found to be an intelligent girl in her interaction with the court twice has wished to reside with the company of the petitioner (father)," the judge said, divesting the mother of her custody.
"I am of considered opinion that the paramount welfare of the child is with the man and he is entitled for the custody of the child. Accordingly, permanent custody of the minor is granted to him," the judge said, while also granting the mother visitation rights for "sufficient access".
Pointing out that the child was reaching teenage during which she can also turn rebel, the court said, "If she is not allowed to live as per her wishes then we may have to answer her as to why we are not inclined to do so.
"More so, a child who complains of the scolding nature of her mother can also go totally against her if her grievances are not redressed."
The court also agreed to the child's wish to stay with her mother for a week in a month and ordered that the woman shall have the girl's custody for the fourth week of every month.
The father had moved the court for his daughter's custody from his estranged wife, saying he was married in 1997 and was blessed with a daughter in 1999 but his wife had left him a few years later along with the child forever.
The man sought his daughter's custody accusing his wife of having "crude and violent behaviour" towards the girl since her birth.
The woman, on the other hand, said their daughter will soon be attaining the age of puberty and would require her assistance in such a precarious age.
The court, while giving the child's custody to the man, noted that he resides with his parents who are there to look after the child, whereas the woman is a director of a property firm and often has to go out for business assignments and in that case, there is no one else to take care of the child except two servants.
The child is quite comfortable in the company of her grandparents and whenever it was required, the grandparents handled the child with love and affection, the court said.