Bangalore: Karnataka High Court on custody battle, Children aren’t someone’s property to be divided into

by Antra sah
2 comments

Bengaluru: According to the Karnataka high court’s recent judgment, children, whether a boy or a girl is no parity’s properties divided that can be into equal portions! This result has turned out when a father, having a son and a daughter, requested the Karnataka High Court for the custody of his five years old daughter. He asked the court, as his elder son is now living with his mother, he at least deserves the custody of his daughter.

After this urge, the Karnataka high court has reached out to a serious conclusion that no children are just “pieces of property that can be equally shared between different parties”. The conclusion that the Karnataka High Court has chosen for custody battle has turned down the father’s hearty request for getting the custody of his five-year-old daughter! According to the sources, the Karnataka High Court has clearly stated that the child’s condition will be given the first priority than any other party. High Court’s primary and ultimate duty is to ensure that the child is not undergoing any physical or psychological trauma and is getting a perfectly safe, secure, and caring environment in future.

Over the past few years, divorce cases and fails marriages have led to a custody battle between the parents and children are the main victims of the custody battle. Justice Raghvendra S Chauhan has observed that children are the main sufferers of their parents’ marriage failure issues. After realizing it, he dismissed the petition which has been filed by Gaurav Rajendra Mittal for getting the custody of his five-year-old girl. Now, the court’s foremost duty is to ensure that the child doesn’t have to suffer any type of psychological scar due to anxiety.

‘Children aren’t just pieces of property to be divided into’

Is it fair that the children suffer for their parents’ failure? As all children are highly sensitive and can’t articulate their feelings as clearly as precisely, they suffer silently just because their parents can’t battle out their personal differences. Needless to say, any child needs pure love and affection from the mother more than the father. In the custody case of Gaurav Rajendra Mittal, the court has said that it isn’t at all fair for the little girl to stay away from her mother. Additionally, if she stays with her mother, she will get the company of her elder brother as well. So, it’s better for the five-year-old girl to stay with her mother instead of her father.

The custody case battel of Gaurav Rajendra Mittal has been going on for more than two years now. Through it, both the parties are battling out their differences only. Until the case is decided by the family court, Gaurav Rajendra Mittal is allowed to reunite with his daughter and if he wants, he can live with the mother and his elder son! The case will be ended before August 31 and the court will prioritize the child’s preferences before finalizing the ultimate verdict.

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2 comments

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rajan May 11, 2018 - 10:58 am

on what basis it is often believed that only a woman can be more affectionate than a responsible father… the opinion by this court seems to be one sided and may affect many kids who may have an irresponsible mother

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Indian May 16, 2018 - 8:32 am

Completely biased. Irrespective of gender people will be affectionate to kids and irrespective of gender people can make home a living hell. It is also difficult to have any ruling in divorce cases as it will be worse anyway but even the governments interfering in divorce matters is pathetic.

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