The custody of a 11-year-old girl was given to her father by a Delhi court, which observed that her poor grades in school showed that her mother was not taking proper care of her education and also did not have sufficient space to provide her privacy in her growing years.
"The child's report card reflects certain disturbing facts. A perusal of the report card reveals that the child has scored only 47.67 per cent with C2 grade. It also reveals that she was not regular to school and was absent for 32 days in first semester itself.
"In these circumstances, it is proved that the respondent (mother) is not taking care for giving education to the child," Guardian Judge Rakesh Kumar said, directing the mother to hand over the custody of the minor to her father.
The father's counsel, Rohit Naagpal, submitted that the estranged wife, who has kept the girl with herself since birth, is not taking proper care of her and neither she, nor any of her family members, are educated or can provide a good atmosphere for her growth.
Considering the issue of accommodation, the court said, "The mother is living with her parents in a three-bedroom flat with seven other members. The child is in her growing age. The mother's parents do not have sufficient space to provide privacy to a growing child."
The judge noted that the paternal grandfather of the minor is a retired assistant commissioner of Income Tax drawing reasonable pension and her paternal aunt is a physiotherapist.
On the other hand, the members of the mother's family were engaged in handicrafts business and are not present at the house during the day time to keep the child company.
