The Chhattisgarh High Court has refused to interfere with a Family Court decision denying custody of a seven-year-old boy to his father, holding that the child’s welfare must prevail over parental rights. The Division Bench made it clear that financial capacity alone cannot decide custody, especially when the father’s personal conduct raises concerns.
Background of the Case
The case arose from a custody dispute between Laxmikant Joshi and his wife Lokeshwari, following matrimonial discord after their 2013 marriage. The couple has two sons. While the younger child stayed with the mother, the elder son initially remained with the father.
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Tensions escalated when the mother approached local authorities, following which the elder child was handed over to her through the Sakhi One Stop Center in Durg. Challenging this, the father moved the Family Court at Bemetara under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of the elder son.
In April 2022, the Family Court dismissed his plea, citing the father’s conduct and prioritising the child’s welfare. The father then approached the High Court in appeal.
Arguments Before the High Court
Counsel for the father argued that he was financially stable, while the mother had no independent income. It was submitted that the child’s future would be more secure in his care.
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On the other hand, the mother opposed the appeal, alleging that the father was living with another woman as his second wife without obtaining a divorce. Her counsel argued that such conduct amounted to cruelty and created an unsuitable environment for the child.
Court’s Observations
The Division Bench of Justice Sanjay K. Agrawal and Justice Arvind Kumar Verma closely examined the father’s own admissions. During cross-examination, he had acknowledged his relationship with another woman and had earlier stated before authorities that he had married her at a temple.
“The right of a natural guardian is not absolute,” the Bench observed, emphasising that courts act as guardians of the child’s interest under their special responsibility to protect minors.
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The judges reiterated that the law gives overriding importance to the child’s welfare physical, emotional, moral, and psychological rather than the legal rights or economic strength of either parent.
Referring to settled Supreme Court principles, the court noted that a parent’s second marriage or relationship is a relevant factor in custody matters, particularly where a child may be required to adjust to a new domestic setup.
“There is no certainty that the child would receive the same love, care, and emotional security in the presence of a stepmother,” the Bench remarked while assessing the ground realities.
Financial Capacity Not the Only Test
Rejecting the father’s argument about superior financial status, the court made it clear that money alone cannot guarantee a child’s well-being.
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“The welfare of a child is not determined merely by economic affluence,” the Bench noted, adding that emotional stability and a healthy environment are equally crucial.
The court found that the child was already living with the mother in a stable and caring atmosphere and saw no reason to disturb that arrangement.
Final Decision
After considering all aspects, the High Court held that the Family Court had correctly applied the law and exercised its discretion in the child’s best interest.
The appeal was dismissed, and the court declined to grant custody of the minor to the father, directing both parties to bear their own legal costs.
Case Title: Laxmikant Joshi v. Lokeshwari @ Parmeshwari & Anr.
Case Number: First Appeal (MAT) No. 87 of 2022
Date of Judgment: 14 January 2026
