Indore (Madhya Pradesh): The Indore bench of the Madhya Pradesh High Court has held that the best interest of a child must remain the primary consideration in deciding custody and awarded custody of a three-year-old boy to his mother, observing that her employment in the police department would not prevent her from looking after the child.
A division bench of Justice Subodh Abhyankar and Justice Alok Awasthi passed the order in a custody dispute between an estranged couple, both police constables.
The court noted that since both parents have similar duty hours, the mother would have an additional advantage as she could take the child to her workplace when required.
The court also considered the child’s age and the mother’s ability to care for him, concluding that his best interests would be served in her custody.
The dispute arose amid matrimonial proceedings between the couple. The mother approached the High Court through a habeas corpus petition, challenging an arrangement under which the child was to remain with his father.
The parties had earlier agreed before the family court that the father would retain custody while the mother would have visiting rights on Saturdays and Sundays.
The High Court, however, directed that custody be given to the mother. The father was granted visiting rights and allowed to take his son every Saturday and Sunday from 10 am to 4 pm.
The arrangement will continue until a final order is passed by a competent court, including the family court where the couple’s divorce proceedings are pending.
