The Allahabad High Court has ruled that medical prescriptions issued for stomach or abdominal pain cannot, by themselves, be treated as proof that a mother is an alcoholic. Emphasising that the welfare of the child remains the foremost consideration in custody disputes, the Court granted custody of a minor child to the mother.
The matter was heard by Justice Sandeep Jain while deciding a habeas corpus petition concerning the custody of a 21-month-old child. The Court observed that under Section 6 of the Hindu Minority and Guardianship Act, custody of a child below five years ordinarily rests with the mother unless there are compelling reasons to decide otherwise.
During the proceedings, the father attempted to argue that the mother was unfit to keep custody of the child by relying on certain medical prescriptions related to abdominal pain and treatment records. However, the Court held that such documents were insufficient to establish allegations of alcoholism against the mother.
The bench noted that vague assumptions or unsupported allegations cannot be used to deprive a mother of her rights over a minor child, especially when the child is of tender age and requires maternal care and attention.
The Court further reiterated that in child custody matters, the primary concern is always the child’s welfare, emotional development, and overall well-being rather than the personal disputes between parents.
Considering the age of the child and the surrounding circumstances, the Court directed the father to hand over custody to the mother while also allowing visitation rights to ensure continued parental access. (Source:ANI)
