Division bench of Bombay High Court (Nagpur Bench) comprising Justice Vasanti Naik and Anant Badar, while dismissing the appeal filed by a man, who challenged the family court’s order refusing to grant him his daughter’s custody in August 2013, said that, “the custody of a girl child should be allowed to remain with her mother so that she could be looked after properly.“
Court further opined that, “considering the fact that the custody of a girl child should ordinarily be allowed to remain with the mother as she could be better looked after by her, the family court was rightly of the opinion that the husband was not entitled for her custody.“
Court added that, “the husband is a teacher and competent to provide education to the girl child, but the wife is also no less competent. She is an educated, working with the Geology and Mining Department and holds a diploma in education and child development.”
While considering husband’s plea for seeking the daughter’s custody under Section 6 of Guardian and Wards Act, 1890, Nagpur Bench of Bombay High Court ruled that, “the family court has appreciated the evidence on record in the right perspective while holding that the custody of the child should be retained by the wife, especially when she is a girl. It also has rightly considered the judgment of Supreme Court and the High Court’s while refusing to grant the girl child’s custody to the husband.”