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Working moms may not always get child custody PDF Print E-mail
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Written by Press Trust of India   

New Delhi

In view of the busy lifestyle in urban areas where a working woman has little time for her kids, a Delhi court has said that a minor child cannot always be handed over to his or her mother in a custody dispute.

“It can no longer be ignored that there is a societal shift, particularly in urban areas, where women in addition to the traditional role of housekeeping have also undertaken the role of a bread earner,” Additional District Judge Kamini Lau said.

The court said there is a need to re-look at the approach adopted by the judiciary which has often leaned in favour of mother as a natural guardian, while deciding matters related to the custody of a minor child.

“As a result of the dual role of a mother, who is working as well, she has to leave her minor child for care with other members of the family, who substitute for the mothers and take over their duties and responsibilities,” the court said, while emphasising that in case of a working mother, a child has closer relationship with grandparents. The court passed the order on a petition filed by one Sakshi, seeking custody of her nine-and-half-year-old daughter, who has been living with her in-laws after her husband’s death.

On the plea of the mother, who is working as nurse, the court inquired with the child, who expressed her desire to live with the grandparents with whom she has spent most of her time since her birth.

Taking into account the child’s preference, the court said, “In view of her wishes, if the custody of minor girl is disturbed, it would be detrimental to her interest. The better welfare of minor demands that she be allowed to continue under the care and custody of her grand parents”.


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