The Madras High Court has dismissed a mother's appeal challenging the Family Court's refusal to grant her custody of her two minor children, holding that the welfare and overall well-being of the children must remain the paramount consideration in custody proceedings. The judgment was delivered by a Division Bench comprising Justice P.T. Asha and Justice N. Mala.
The parties got married on 23 March 2015 at The Nilgiris according to Hindu rites and customs, and two children were born from the marriage. The mother stated that following a misunderstanding with her husband, she was sent out of the matrimonial home while the children remained with the father. She approached the Family Court seeking custody, stating that the children required maternal care and that she had been separated from them for nearly six months.
The father opposed the custody request and made allegations concerning the mother's conduct and her care of the children. He alleged that she engaged in late-night conversations and video calls with other men and claimed that she had shared nude and semi-nude photographs with third parties. He also alleged that the children were made to sleep early to facilitate such conversations. The father relied on electronic material, including a pen drive and the mother's mobile phone, in support of his case.
The Family Court examined the oral and documentary evidence and dismissed the mother's custody petition. She thereafter approached the High Court under Section 19 of the Family Courts Act, 1984.
The Division Bench noted that custody proceedings are not decided merely on the basis of parental rights. The Court referred to Supreme Court decisions explaining that the welfare of the child is the paramount consideration.
Referring to Nil Ratan Kundu v. Abhijit Kundu, the Bench noted that welfare has to be understood broadly and may include the child's physical, educational, moral and ethical well-being.
The Court also considered the evidence relied upon by the father and the findings recorded by the Family Court. The judgment records that the mother acknowledged that the mobile phone contained photographs of her with the children and admitted that calls had been made from her two phone numbers to several persons between 2019 and February 2023.
The Bench emphasised that custody cannot be decided simply by determining whether one parent is legally disqualified. What matters is whether granting custody would serve the children's welfare.
The Court quoted the Supreme Court's formulation that the relevant consideration is the “positive test” of whether custody would actually promote the welfare of the minor.
The Bench also relied on the Supreme Court's observation that children are not merely ‘chattels’ or ‘toys’ for their parents and that parental rights must yield to considerations of the children's welfare.
After considering the evidence and the Family Court's reasoning, the Madras High Court concluded that the Family Court had properly considered the overall welfare and well-being of the minor children.
The Bench therefore held:
“We find that the Learned Family Judge has rightly rejected the petition by considering the overall well-being and welfare of the minor children and we see no reason to disagree with the same.”
The civil miscellaneous appeal was accordingly dismissed, with no order as to costs. The connected miscellaneous petition was also closed.
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