HC Grants 12-yr-old’s Custody To Dad After He Wishes To Pursue Hobbies At Pune School
A family court had initially decided in favour of the mother for his interim custody as the boy also expressed his desire to stay in Kolhapur.
File photo of Bombay High Court
New Delhi: The Bombay high court has handed over the custody of a 12-year-old boy from his mother to his father, underlining that welfare of the child is paramount.
Justice RG Ketkar interacted with the boy at length before reverting the custody to his Pune-based father.
"It is settled law that while considering the interim custody, welfare of the child is paramount consideration. In my opinion, the welfare of the boy lies in his shifting to Pune and studying in Pune so as to pursue his hobbies," stated the order.
Following marital differences, the boy was taken to Kolhapur by his mother in March last year. At that time, the boy was studying in an international school at Pune.
The family court had decided in favour of the mother for his interim custody as the boy also expressed his desire to stay in Kolhapur. The father was given visitation rights.
The father subsequently moved the high court, and the judge had a chat with the child again to ascertain his wishes.
This time, the boy emphatically made it clear that he wanted to stay in Pune and join his old school so that he could pursue his hobbies in sports, and more particularly golf.
"I have also made an enquiry with him that in case his mother is not willing to shift from Kolhapur to Pune whether he is still willing to shift to Pune. He stated that he is willing to stay with his grandparents in Pune," said the HC.
The court also recorded that the boy's admission in the Pune school is still valid and that the father had been paying the fees regularly. His grandparents also agreed to shift from Sangli to Pune to take care of the kid.
"After considering the material on record and after ascertaining the wishes of the boy, I am satisfied that he genuinely and sincerely desires to stay in Pune," the HC said.
The mother, this time, has been given the right to visit him apart from his company during vacations.
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