Stomach pain prescriptions cannot be basis to call mother an alcoholic: Allahabad High Court grants custody of child

The court said such allegations cannot be grounds to deprive a mother of the custody of her child.

Justice Sandeep Jain observed while directing that the custody of the minor child be handed over to the mother. The court noted that under the law, the natural guardian of a child up to five years of age is ordinarily the mother, who is better equipped to meet the child's emotional, nutritional and developmental needs during the early years.

The case pertained to a petition filed by the mother alleging that the father had forcibly separated the child from her. During the hearing, the father claimed that the mother was addicted to alcohol and mentally unfit to take care of the child. In support of his claims, certain medical prescriptions were placed before the court.

However, the High Court observed that the prescriptions merely referred to stomach pain and included advice from the doctor to avoid spicy food. The court said none of the medical records suggested that the woman was mentally unstable or addicted to alcohol.

The court observed, "Based on these medical prescriptions, it cannot be said that the petitioner is physically or mentally unfit to take care of the child."

The High Court also noted that the mother was living with her parents and was not receiving any maintenance from her husband. On the other hand, the father failed to substantiate the allegations made against her.

During the proceedings, the mother also produced documents to show that the father had remarried and was living with another woman. The court further held that the father had forcibly separated the child from the mother despite orders passed by the Child Welfare Committee.

The court also took note of the fact that the father, a police constable, had been suspended by the Senior Superintendent of Police, Jaunpur. Making strong remarks, the court said his conduct reflected disregard for court orders, which was more serious given that he was a member of a disciplined force.

With these observations, the High Court allowed the mother's plea and granted her custody of the child, while also giving visitation rights to the father. (ANI)