When a 12-year-old boy expressed his desire to stay with his mother during a heated custody battle, the Madhya Pradesh High Court ruled that a child's preference alone cannot determine custody disputes. The court recognized the significance of the mother's care and guidance at this crucial stage of the child's life.
Court's Ruling
A division bench comprising Justice Vivek Agarwal and Justice Avanindra Kumar Singh stated that simply because a child had been living with the mother for an extended period or preferred her company could not solely dictate custody decisions.
“"The Court must consider what is in the best interest and welfare of the child, including the importance of the mother’s care and guidance at this stage of the child’s life," the bench remarked.
The court emphasized that a 12-year-old is at a pivotal stage of development, noting that the child's relationship with his mother, education, emotional support, and overall development are critical factors.
Importance of Maternal Care
The bench referenced the Supreme Court's ruling in the Vivek Singh v Romani Singh case, which highlighted the mother's role in a child's development. It noted that once a child reaches a certain age, the love, care, and companionship of the mother become vital for proper growth.
“"In the present case, the ward is 12 years old and, therefore, the same reasoning applies even more strongly," the High Court stated.
