Mother is natural guardian of children: Himachal Pradesh HC

Shimla (Himachal Pradesh) [India], June 2 : The High Court of Himachal Pradesh, in a matter pertaining to the custody of minor children, has ruled that the mother is a natural guardian after the father.

Justice Vivek Singh Thakur passed this order on a petition filed against an order dated November 23, last year, passed by Sub-Divisional Magistrate, Nalagarh, whereby he directed the grandparents to hand over custody of minor children to the mother.

The case relates to Priti Devi, who was married to Amar Singh of Bahlam village in Ramshehar tehsil in Solan district.

Due to a matrimonial dispute, Priti Devi and her husband had been residing separately.

On July 17, 2022, Amar Singh died by suicide. Darshan Singh, father of Amar Singh, lodged a police case against Priti Devi, alleging that his son committed suicide due to cruelties by his wife. Resultantly, on July 18, she was arrested and was enlarged on bail on July 27.

During the intervening period, children remained with their grandparents.

After releasing on bail, Priti Devi filed an application in the Court of SDM, Nalagarh, for custody of her children. The SDM, Nalagarh, in its November 23, 2022, order, directed the grandparents to hand over custody of the minor children to the mother,

The grandparents approached High Court against the order passed by the DDM, Nalagarh.

After hearing counsels for the petitioner and the respondent, the court observed that the allegation that the mother abetted the husband to commit suicide is yet to be proved.

Moreover, she has not been declared incompetent or disentitled to have custody of her minor children. Therefore, after the death of the father, the mother is the next person to have guardianship or custody of the minor children.

However, Court has made it clear that right of mother to have custody of children is not absolute, but subject to welfare of children and in case in appropriate proceedings she is found incompetent and/or disentitled to have custody of children or to ensure welfare of the children, then she will lose right to continue their custody and in such eventuality custody/guardianship of children.

During the course of the hearing Court found that the record/file of proceedings in the Court of Magistrate, has not been maintained in a proper manner.

"There is no separate order sheet indicating on which date what order was passed by the Magistrate. The record has been maintained like a layman. Such practice or affair in keeping and managing record of judicial proceedings requires to be deprecated and improved," the judge observed.

The Court directed the Chief Secretary to the State government to look into the matter personally and to ensure proper keeping and maintaining of the record of judicial proceedings by the officers conducting judicial proceedings.

The Chief Secretary has been further directed, if required, to take necessary steps to conduct training of officers and/or officials of the State dealing with judicial work/files in the State Judicial Academy.

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