Woman denied custody due to child’s unwillingness
New Delhi: A woman has been denied the custody of her minor daughter by a Delhi court after the child expressed unwillingness to live with her mother or even meet her.
"The child appeared to be fearful of her mother and categorically deposed that her mother does not love her and the child did not want to reside with her nor wanted to meet her," said guardian judge Gautam Manan, denying the woman custody of her daughter.
The court noted during an interaction with it on November 5, the minor said her mother does not respect her grandmother and also threatens her of lodging a complaint against her in her school. She also appeared to be afraid of her mother and was unwilling to be in her company.
The court denied custody also saying that the woman was dependant on her mother`s pension and that she was not educated enough to take care of the child`s education.
It also noted the child had adjusted well with her father and his family, which had provided her congenial atmosphere for her growth and good education.
It, however, granted the woman the rights to visit her daughter saying, "It is also in paramount interest and welfare of the child that the child should never lose contact of her
mother. Mother has an important role to play in child`s life."
The West Delhi woman had moved the court against her estranged husband Ajay (name changed), to whom she had married after her divorce with her first husband. The woman had married Ajay in February 2000, but had been living separately since 2003.
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