A man has been denied custody of his minor son, who has been living with his maternal uncles after the death of his mother, by a Delhi court which said handing over the child to his father would give mental and physical trauma to the 12-year-old boy.
Additional District Judge Sunil Rana dismissed the man's plea seeking his son's custody, saying the child does not even recognise his father, whom he had not seen for past several years, and he does not want to live with him.
"....This court is of the opinion that the paramount consideration in determining the question as to who should be given the custody of a minor child is the 'welfare of a child' and not rights of the parents.
"This court is also of the opinion that wishes of the minor are to be given due weightage and as per the wishes of the child are concerned, he does not want to live with his father, whom he has never met and seen before and wants to be in the custody of his maternal uncles, who are looking after his welfare," the judge said.
The court said in its opinion, the child's custody cannot be granted to the father as the same would not only cause trauma to the minor but also affect his studies and future.
"It is neither in the interest of the minor child nor for his welfare.... Hence, the custody of the minor child cannot be granted to the father. The petition is hereby dismissed and stands disposed of accordingly," the judge said.
The court was hearing the petition of the man, a resident of Wazirpur here, seeking his son custody saying that he got married to his wife in March 2000 in Delhi and the child was born in 2002 and the woman left her matrimonial house along with their son in October 2004.
His wife died in October 2007 due to tuberculosis in her parental house and since then their son has been residing with his maternal uncles.
