Judgments Where Father Wins Child Custody

    As we all know that it can be as piercing as for divorced fathers in India to cope with aftermath as it is for mothers. Most men in India do not put on a crying show or talk with buddies to get rid of an emotional burst, as women deal with post-divorce syndromes of loss and confusion. However, I have seen fathers are as much affected as the mothers are. Fear of losing their child grabs most fathers by their throat, leaving them perplexed. Fathers in India has to face a terrible truth that a minor child custody will be undoubtedly awarded to mothers, unless proven that she has neglected her child. Most fathers don’t want to confront the issue, not realizing that they put themselves in more vulnerable state and at loss during divorce proceedings, especially while fighting for child custody and support.  

Landmark judgement in which father wins child custody

Mridangra J. Hira Lal Suchak V. Neena M Suchak

Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C. page 360. In this case, father was given custody of child mother gets visitation.

Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ORS.

Crl. Writ No 248 of 1991, Delhi High Court reported in 2 (1992) D.M.C. page 67. Father was given custody in spite of that he was bringing the kid from the USA and keeping in India.

Sanju V. Sobhanath

Habeas Corpus Writ Pet No 21335 of 1994, Allahabad High Court reported in 2 (1994 ) D.M.C page 616. Father was given child custody because he has the better financial condition than the mother.

Shaleen Kabra vs. Shiwani Kabra 

CIVIL APPEAL NO. 4308 OF 2012,(Arising out of Special Leave Petition (C) No. 13254 of 2011). The custody of both the children given to the appellant-father and the arrangements with respect to visiting the children etc. shall take effect. The respondent-mother shall do the needful to send the younger son to the residence of the appellant father.

Smt. Rama V. Anil Kumar Joshi

The first Appeal from Order No 1142 of 1999, Punjab & Haryana High Court reported in 1 (2001) D.M.C page 264. Father was given guardianship and claim of wife dismissed that she is better financially.

Ram Murti Chopra and Anr. Versus Nagesh Tyagi

Date of Order: 25th September 2008, CM(M) No. 752/2000 25.09.2008

The court directed that during Dusshera holidays and winter vacations, the custody of the child will be given to the father for a period of one week each spell of holidays and during summer vacations the custody of the child be given to father for a period of one month. The father will continue to bear the education expenses etc. as he already had been doing.

Y. Varlakshmi V. Y. Kanaka Durga Prasad

A.A. O 300 and 301 of 1987, Andhra Pradesh High Court reported in 1 (1989) D.M.C page 379. The child was happy with the father so custody was given to him.

Farjanbi V. Sk. Ayub Dadamiya

F.A. No 603 of 1987, Bombay High Court reported in 2 (1989) D.M.C page 583. Father was given custody in spite that the child wants to live with mother.

Tara Chand Mavar V. Basanti Devi D.B.

Civil Misc Appeal No. 229 of 1987, Rajasthan High Court reported in 1 (1989) D.M.C page 402 Supreme Court of India. The child was happy with the father so custody was given to him.

Lekh Raj Kukreja V. Raymon

Civil Revision No 121 and 136 of 1989, Delhi High Court reported in 2 (1989) D.M.C page 75.Child custody given to Father despite mother told the point that if she is given custody boy would be with siblings.

You may wish to reach me at vermag@aol.in for further advice or guidance.

  SHRI GOPAL VERMA ADVOCATE ON RECORD SUPREME COURT OF INDIA