Delhi HC gives infant's custody to mother
NEW DELHI: The Delhi high court on Tuesday handed over custody of an infant girl to her mother and sent her matrimonial dispute to the mediation centre.
A division bench asked the father of the girl who had forcibly taken her custody from the mother to surrender the child to her mother and sort out their dispute via mediation.
The father had appeared with the girl in response to HC summons and argued against handing her over to his wife, saying he had a greater right on the child and was apprehensive the mother would not be able to nurture the baby properly.
However, the bench disagreed and pointed out that at such a young age, the mother had the first right on the child and she can't be deprived of it.
HC was hearing a habeas corpus filed by the mother who alleged she was victimized by her husband who took away their daughter. Fearing the baby might be in danger, the mother moved HC seeking her presence. She alleged that on a pilgrimage to Vaishno Devi shrine earlier this year, her husband had discarded her and taken away the child.
HC had then asked the SHO of the concerned police station to trace the father and the child and produce them before it.