'Father as Natural Guardian Concept Outdated in 21st Century India'- Allahabad HC's Landmark Custody Verdict Favors Mother

Allahabad- In a groundbreaking verdict challenging patriarchal legal norms, the Allahabad High Court has ruled that the concept of father being the natural guardian of children is "outdated" and "smacks of patriarchal bias," while awarding custody of a 12-year-old girl to her mother.

Justice Vinod Diwakar's bench delivered a scathing critique of Section 6 of the Hindu Minority and Guardianship Act, 1956, which designates the father as the natural guardian of minor children. "The principle that the father is the natural guardian of the minor child - boy or unmarried girl - though seminal at its time, now smacks of patriarchal bias and has become obsolete in the progressive realities of 21st century India," the court observed.

The judgment came in a custody battle where the court found the father had "orchestrated a fabricated story" to separate the child from her mother. "The husband first deceitfully gained his wife's trust to make her vacate their government accommodation under false pretenses, then systematically alienated the child from her mother," the court noted, adding this showed he "acted more as a schemer than a prudent person genuinely striving to preserve family ties."

Case Background

• The couple married in 2013 and have a daughter, now 12 years old. The husband serves as a Deputy Chief Engineer in Indian Railways, while the wife is an Assistant Professor at Santosh University, Delhi. Due to the husband's job transfers, the family lived separately, leading to marital discord.

• Legal Battle: In November 2022, the wife filed for divorce and sought custody of their minor daughter. The trial court rejected her plea, granting custody to the father and allowing the mother weekly visitation twice.

• Appeals Dismissed: The wife challenged the order in sessions court, which upheld the decision, noting the child's "clear preference" to stay with her father and the "stable environment" provided by his grandparents.

• HC Intervention: On September 10, 2024, the mother approached the Allahabad High Court, arguing that the lower courts failed to consider critical factors for a pubescent girl’s welfare.

High Court's Observation

The High Court noted several crucial facts: The girl was born at her maternal grandparents' home with all medical expenses borne by them.

The father, a railway engineer, used "deceptive tactics" to separate mother and child. Google Maps timelines and WhatsApp messages exposed his false claims about the mother "abandoning" the home. The mother is a qualified medical professional currently working as assistant professor.

Favouring the mother, the court observed, " The mother has a unique position in the case of the custody of the female child. In most cases, the mother is naturally better positioned to understand and support a daughter going through puberty because of shared biological experience. The mother has personally experienced menstruation, other female-specific changes, and comfort in discussing such issues. The girls often feel more comfortable talking to their mothers about body changes, menstrual hygiene, etc. The mother often plays the more effective role in emotional attunement, being a natural caregiver, and is more likely to notice subtle psychological shifts. The society and family dynamics often encourage closer emotional bonding between mother and daughter, especially during adolescence."

The court further noted, " In essence, to retain custody of the girl, the husband first orchestrated a fabricated story to remove her from the mother’s care. Subsequently, by deceitfully gaining his wife’s trust, he compelled her to vacate the government accommodation under the pretext of purchasing a private flat. Through this scheme, he effectively separated the wife from the child’s company and has maintained custody of the child for nearly two years. Although, at that particular time, the husband acted more as a schemer and conniver than as a prudent person, genuinely striving to preserve the marriage.

Based on the foregoing deliberations, the scheme of the relevant statutes, the conduct and demeanour of the husband, and the mother’s unique and pivotal role in the custody of a female child- being naturally better positioned to understand and support a daughter undergoing puberty due to their shared biological experience, including menstruation and other female-specific changes, as well as providing comfort in discussing such sensitive matters- this Court hereby directs that the custody be entrusted to the the mother."