Delhi High Court: 

A Division Bench comprising of G.S. Sistani and Sangita Dhingra Sehgal,

JJ. dismissed an appeal seeking review of the family court order directing the custody of girl
child to be given to her mother.
The family court had granted custody of the girl child, aged 4 years, to her mother. The
appellant-father filed the instant appeal under Section 19 of the Family Courts Act. He submitted
that the respondent was mentally sick and behaved abnormally. Her violent behavior may have
an adverse impact on well-being of the child. On the other hand, the respondent alleged that the
appellant was a drunkard. She was often beaten by him and thrown out of the matrimonial home.
The High Court, on a careful reading of the order impugned, noted that the family court had
carefully analysed the submissions made and passed the order. The respondent was a commerce
graduate with additional qualification in Computer Applications. She was working as a Senior
Manager with a private firm on a monthly salary of Rs 25,000. The High Court perused Section
6 of the Hindu Minority and Guardianship Act, 1956 which provides that custody of a minor
who has not completed the age of five years shall ordinarily be with the mother. Referring to
decisions of the Supreme Court in Gayatri Bajaj v. Jiten Bhalla, (2012) 12 SCC
471 and Roxann Sharma  v. Arun Sharma, (2015) 8 SCC 318 the High Court reiterated that while
dealing with the application of custody of a minor child, the interest and welfare of the minor
should be of paramount importance. Conducive and appropriate environment along with the
desirability of the child are some of the relevant factors that have to be kept in mind. In the
instant case, the child was 4-years old. It was also an established fact that she was comfortable
around the respondent. Additionally, the respondent-mother was in a better position to look after
her as she would require special attention and guidance in her childhood for her psychological
and biological needs. Accordingly, no infirmity was found in the order impugned and the appeal
was dismissed. [Tarun Pullani v. Shilpa Pullani,2018 SCC OnLine Del 11520, decided on 27-
08-2018]