Obsolete guardianship laws must be amended to meet evolving norms and ensure a gender-neutral approach in the adjudication of child custody matters, the Allahabad High Court stressed recently..In particular, Justice Vinod Diwakar commented on Section 6 of the Hindu Minority and Guardianship Act, 1956, which states that father shall be the natural guardian of a minor boy or unmarried girl, before their mother.The Court remarked that the law was drafted at a time when patriarchal norms heavily influenced social and legal thinking. The provision smacks of patriarchal bias and has become obsolete in the progressive realities of 21st- century in India, it added..The Court acknowledged that since then, judicial interpretations and social changes have recognized preferential custody rights for the mother, especially cases involving a female child. It added that codified law must also reflect such progressive views. “The judicial interpretation has commendably filled the legislative void, especially in recognizing the preferential custodial rights of mothers of girl children. However, true progress demands that the legislature codify these evolving norms to ensure a consistent and gender-neutral approach across the country,” it said in a judgment passed on May 30..The Court was dealing with a plea moved by a woman for the custody of her daughter, a Class VI student. She had challenged the trial court’s decision to deny her interim custody over the child. The High Court found that the father had opposed such an interim custody plea on incorrect and misleading facts, and eventually ruled in favour of the mother in this matter. .It also noted that the father had removed the child from her mother’s custody in a premeditated and deceitful manner.“In essence, to retain custody of the girl, the husband first orchestrated a fabricated story to remove her from the mother’s care. Subsequently, by deceitfully gaining his wife’s trust, he compelled her to vacate the government accommodation under the pretext of purchasing a private flat. Through this scheme, he effectively separated the wife from the child’s company and has maintained custody of the child for nearly two years. Although, at that particular time, the husband acted more as a schemer and conniver than as a prudent person, genuinely striving to preserve the marriage,” the Court said..Thus, the Court ordered the father to hand over the child’s custody to her mother. The Court also ordered that in case he does not comply with this directive, the Child Welfare Committee with the assistance of the police shall ensure transfer of the child to the mother.It further ordered police surveillance of the man till compliance of the direction for transfer of custody.“Prima-facie, it seems that the husband is a conniver may misuse his official position to influence the proceedings and obstruct the applicant-wife’s lawful right, therefore, the Commissioner of Police, Lucknow shall ensure that the opposite party no.2- husband shall be under watch till the compliance of this order, so that he could not frustrate the terms of this order," it said. .Advocate Vijeta Singh represented the child's mother.Advocate Chandra Sharma with Shubham Tripathi represented the child's father..[Read Judgment]
