After a sentimental family drama in court, a mother lost the battle for custody of her four-year-old son when the boy expressed a desire to stay with his father. In view of the closeness between father and son, justice Anant Dave of the high court gave custody of the boy to the father for six months.
The mother had laid claim to the son’s custody and had also demonstrated her love for him in court, but looking at the child’s ‘sentiments’, the court felt it would be better for the boy if he stayed with his father, at least for time.
Rubina, a resident of Junagadh, had been fighting a legal battle for her son, Akram’s, custody ever since she separated from her husband, Abdul. She had filed a habeas corpus petition in the Gujarat high court when Abdul appeared reluctant to part with their son even after a lower court’s order giving her custody of the child.
But the high court, guided by the boy’s sentiments, ruled against the lower court’s order and gave custody of the son to the father.
In his judgement, Justice Anant Dave said: “We have enquired about the wellbeing and the condition of the child. The child repeatedly said that he does not want to go to the mother and wants to remain with his father. When the mother attempted to extend her love to the child, he (Akram) did not respond properly.”(Names have been changed to protect identity).
