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Gujarat HC Grants Custody of Infant Twins to their Mother Dismissing Allegations of Affairs and Homosexual Relations Against Her as Irrelevant

The Gujarat High Court while granting a mother with the custody of her twin infants suggested that there must be some limit to the nature of allegations that can be put forth against a mother filing for the custody of her children so that the children can be brought up in a decent environment. A two judge bench comprising of Justice Sonia Gokani and Justice N.V. Anjaria thus reiterated the trite law that custody of children less than 6 years of age must ordinarily be with their mother unless the welfare of children is an issue. The Court considered the steady income of the mother, her fixed place of residence and her mental well-being to manage her kids as sufficient parameters to grant her with the custody of her children. The Court considered the welfare of the children to be the paramount factor of consideration for their custody and discarded the allegations maligning the character and capability of the petitioner by her husband, in-laws and even by her mother as being hostile to the cause of the petitioner mother who was living independently without their support.

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