Mr. Rebates

Saturday, November 6, 2010

Woman loses custody battle, files plea under DV Act

AHMEDABAD: The Gujarat high court has advised a woman to file a complaint under the domestic violence laws to obtain custody of her three children from her husband. The woman has been thrown out of her matrimonial home.

However, the court did not grant custody of the children to the mother with the observation that the eldest daughter had showed willingness to stay with her father, and there was no reason cited why the mother only should have the custody of fiveyear old twins. As per the case details, Geeta Desai, a resident of Maninagar, and her husband Labhubhai from Mehsana district were fighting for custody of their three children.

Geeta was allegedly thrown out of her matrimonial home in March this year and the children stayed with her husband. Geeta filed an application in the metropolitan court, which issued a search warrant for the children and upon their production, ordered that they should be handed over to the woman.

The husband immediately moved city sessions court, which asked the man to keep the kids but to present them before the magistrate on October 14, when the court would decide the issue on the basis of evidence. After this order, the husband approached the high court and after hearing the case, Justice Akil Kureshi quashed the sessions court order and held that the husband would have custody of all three kids. The judge talked to the daughter and tried to know her wish. But he observed that it was not possible to know the wish of the five-year old twins.

However, the high court observed that as the case was related to custody of children of tender age, their welfare is of paramount consideration, and no technicality of procedural law would prevent the court from ensuring the well-being of the children.

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