Custody of Minor Child below 5 years Naturally Lies with Mother- P&H High Court

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November 14, 2018

Case name: Tejbir Singh v. Baljit Kaur

In this case, the High Court of Punjab & Haryana has reiterated the settled law that the custody of a child below 05 years of age (especially a female child), would naturally lie with the mother.

In the instant case, the petitioner and the respondent were married to each other with the daughter having been born thereafter, but the respondent wife had allegedly withdrawn from the society of the petitioner.

The Respondent wife in the case was aggrieved by the fact that the custody of the minor child was taken away from the respondent from her parental village.

The High Court of Punjab & Haryana primarily relied on Supreme Court’s judgment in the case of Smt. Sunita Jain and others vs. Mittar Sain Jain and another[1], wherein it was held that the custody of a child below 05 years of age (especially a female child), would naturally lie with the mother, and therefore the deemed custody would be with the mother even if actual custody was with the father.

The entire case can be accessed here.

[1] 2003 (1) RCR (Civil) 440