Custody of Canada-born minor girl handed over to father by Karnataka HC

BENGALURU: After the consideration of the consistent stand that was taken by a Canada-born Indian girl who is aged over 10, the high court has handed her custody to her father, an IT professional who is residing in Bengaluru.

Justice B Veerappa had noted that the girl is capable of understanding about her welfare and had also submitted both before the family court as well as the Karnataka high court that she is willing to stay with her father.

Noting that the Guardian and Wards Act and the Hindu Minority and Guardianship Act make it clear that the paramount consideration is that the welfare of the minor child and not the statutory rights of parents, the judge said that, “This court hopes that both the petitioner-father and the respondent-mother being highly educated and with a modern outlook would maintain cordial relations, conduct themselves decently and extend cooperation for the child.”

He said that the problem has to be solved with human affection. “In selecting a guardian, the court exercises parens patriae jurisdiction. It must give due weightage to the child’s ordinary comfort, contentment, health, education, intellectual development and favourable surroundings as well as physical comfort and moral values,” he added.